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DUKE UNIV. v. ST. PAUL MERCURY INS. CO.

No. 8814SC947.

384 S.E.2d 36 (1989)

DUKE UNIVERSITY v. The ST. PAUL MERCURY INSURANCE COMPANY and Continental Casualty Company.

Court of Appeals of North Carolina.

October 3, 1989.

Attorney(s) appearing for the Case

Maxwell, Martin, Freeman and Beason, P.A. by James B. Maxwell and Alice Neece Moseley, Durham, for plaintiff Duke University.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert M. Clay and Theodore B. Smyth, Raleigh, for defendant St. Paul Mercury Ins. Co.

GREENE, Judge.

This appeal arises from a declaratory judgment action brought by Duke University ("Duke") against its general liability insurer, St. Paul Mercury Insurance Company ("St. Paul") and its "errors and omissions" insurer, Continental Casualty Company ("CCC"). Duke originally sued both defendants to recover a total of $51,477.99 in attorney's fees Duke incurred as a defendant in a lawsuit involving a psychiatric hospital owned by Duke (the "underlying action...

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