Upon consideration of the conditional petition filed on the 20th day of February 2006 by Defendant (Pennsylvania National Mutual Casualty Insurance Company) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 17th day of August 2006."