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SOUTH CAROLINA INS. v. HALLMARK ENT.

No. 8728SC547.

364 S.E.2d 678 (1988)

SOUTH CAROLINA INSURANCE COMPANY v. HALLMARK ENTERPRISES, INC.; Bailey's Tunnel Road Cafeteria, Inc.; and Gurtha Huggins v. McNEIL-PATTERSON AGENCY, INC.

Court of Appeals of North Carolina.

February 16, 1988.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Michelle Rippon and Allan R. Tarleton, Asheville, for plaintiff-appellee.

Reynolds & Stewart by G. Crawford Rippy, III, Asheville, for defendant-appellant.

ORR, Judge.

Plaintiff South Carolina Insurance Company (S.C. Ins. Co.) moved for a declaratory judgment to determine its liability for the judgment obtained by defendant Gurtha Huggins (Huggins), against S.C. Ins. Co.'s policyholder, Bailey's Tunnel Road Cafeteria (Bailey's). In response to the declaratory judgment action, Huggins counterclaimed for the payment of a default judgment previously entered against Bailey's. S.C. Ins. Co. replied to Huggins' claim by

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