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ST. PAUL FIRE & MARINE INS. v. FREEMAN-WHITE ASSOCIATES

No. 462A87.

366 S.E.2d 480 (1988)

322 N.C. 77

ST. PAUL FIRE & MARINE INSURANCE COMPANY and Charlotte-Mecklenburg Hospital Authority, Plaintiffs, v. FREEMAN-WHITE ASSOCIATES, INC. and William Funderburk, Defendants, and Third-Party Plaintiffs, v. McCARTHY BROTHERS COMPANY, Third-Party Defendant.

Supreme Court of North Carolina.

April 6, 1988.

Attorney(s) appearing for the Case

Yates, Fleishman, McLamb & Weyher by Barbara B. Weyher and Gary R. Poole, Raleigh, for plaintiffs-appellees.

Griffin, Cochrane, Marshall & Elger by Luther P. Cochrane, Jeanette R. Hait, and John Dean Marshall, Jr., Atlanta, and Jones, Hewson & Woolard by Robert G. Spratt, III, Charlotte, for defendants-appellants.

MEYER, Justice.

This contract issue comes before us in the setting of the construction industry. The question with which the Court is presented is whether certain provisions concerning insurance coverage in the contract between plaintiffs and defendants are ambiguous. The majority in the Court of Appeals concluded that they were. We affirm.

On 26 April 1983 defendant Freeman-White ("Architect") entered into a contract with plaintiff Charlotte-Mecklenburg Hospital...

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