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WASTE MANAGEMENT OF CAROLINAS v. PEERLESS INS.

No. 845SC97.

323 S.E.2d 726 (1984)

WASTE MANAGEMENT OF CAROLINAS, INC., t/d/b/a Trash Removal Service, Inc. v. PEERLESS INSURANCE COMPANY and Pennsylvania National Mutual Casualty Insurance Company.

Court of Appeals of North Carolina.

December 28, 1984.

Attorney(s) appearing for the Case

Burney, Burney, Barefoot, Bain & Crouch, by Auley M. Crouch, III, Wilmington, for plaintiff-appellant.

Young, Moore, Henderson & Alvis by Walter E. Brock, Jr., Raleigh, for defendant-appellee Pennsylvania Nat. Mut. Cas. Ins. Co.

Prickett & Corpening by Carlton S. Prickett, Jr., Wilmington, for defendant-appellee Peerless Ins. Co.

ARNOLD, Judge.

The primary question presented by this appeal is whether the insurance policies issued by defendants Peerless Insurance Company (Peerless) and Pennsylvania National Mutual Casualty Insurance Company (Penn) oblige them to defend plaintiff, Trash Removal Service (TRS), against certain third party suits brought against it by the owners and operators of the Flemington Landfill. The owners and operators are presently the defendants in a civil action brought...

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