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L.R.C. TRUCK LINE, INC. v. BERRYHILL

No. 8919SC239.

390 S.E.2d 692 (1990)

98 N.C. App. 306

L.R.C. TRUCK LINE, INC. and CNA Insurance Companies v. Rieley Jane BERRYHILL, Walter Jackson, Maggie Jackson, Franklin Mc-Lean, D.T.S. Cotton Company and The Continental Insurance Company.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills, P.A. by W. Erwin Spainhour, Concord, for plaintiffs-appellees.

Waggoner, Hamrick, Hasty, Monteith, Kratt, Cobb & McDonnell by S. Dean Hamrick, Charlotte, for defendants-appellants, D.T.S. Cotton Co. and Continental Ins. Co.

COZORT, Judge.

This declaratory judgment action was brought to determine whether CNA Insurance Companies (CNA) or Continental Insurance Company (Continental) is liable for the payment of damages resulting from a collision between a D.T.S. Cotton truck, operated by Franklin McLean, and a car, driven by Walter Jackson. After a bench trial, Judge Rousseau concluded that Continental provides primary coverage and CNA provides excess coverage for the accident. We affirm...

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