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KUBIT v. MAG MUT. INS. CO.

No. COA09-1056.

708 S.E.2d 138 (2011)

Victor KUBIT, Sanjay B. Shah, Larry Dale Withers and Cumberland Anesthesia Associates, PA, Plaintiffs, v. MAG MUTUAL INSURANCE COMPANY, Federal Insurance Company, American Economy Insurance Company, American States Insurance Company, Cincinnati Insurance Company, United States Fidelity & Guaranty Company, Travelers Property & Casualty Company Of America, Travelers Indemnity Company and Viren Desai, Defendants.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

Smyth & Cioffi, LLP, Raleigh, by Theodore B. Smyth , for plaintiffs-appellants.

Ellis & Winters LLP, Greensboro, by J. Donald Cowan, Jr. and Stephen C. Keadey , for defendant-appellee MAG Mutual Insurance Company.

Cranfill Sumner & Hartzog LLP, Raleigh, by Susan K. Burkhart , for defendant-appellee Cincinnati Insurance Company.

Womble Carlyle Sandridge & Rice, PLLC, Raleigh, by Garth A. Gersten , for defendants-appellees Travelers Property & Casualty Company of America, Travelers Indemnity Company, and United States Fidelity & Guaranty Company.

Moreau & Marks, PLLC, Charlotte, by Daniel C. Marks , for defendants-appellees American Economy Insurance Company and American States Insurance Company.

GEER, Judge.

Plaintiffs Victor Kubit, Sanjay B. Shah, and Larry Dale Withers (collectively "the individual plaintiffs"), along with Cumberland Anesthesia Associates, PA, appeal from the trial court's orders denying their motions for summary judgment and granting summary judgment in favor of the defendant insurance carriers. Plaintiffs contend that the trial court erred in concluding that the defendant insurers had no duty to defend plaintiffs in a tort action brought...

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