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GREAT AMERICAN INS. CO. v. C. G. TATE CONST.

No. 9.

279 S.E.2d 769 (1981)

GREAT AMERICAN INSURANCE COMPANY v. C. G. TATE CONSTRUCTION COMPANY.

Supreme Court of North Carolina.

July 8, 1981.

Attorney(s) appearing for the Case

Johnson, Patterson, Dilthey & Clay by Robert M. Clay, Robert W. Sumner and Sanford W. Thompson IV, Raleigh, for plaintiff-appellant.

Nye, Mitchell, Jarvis & Bugg by Charles B. Nye, Durham, for defendant-appellee.

CARLTON, Justice.

I.

Appellant, Great American Insurance Company (Great American), brought this declaratory judgment action to determine its obligations under a liability insurance contract with the defendant-appellee. This dispute arose out of an automobile accident the facts of which are bitterly disputed. This much is certain: On 6 April 1976 defendant C. G. Tate Construction Company (Tate) was engaged in a highway project on U. S. Highway 221 north of...

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