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NEWTON v. U.S. FIRE INS. CO.

No. 8914SC959.

391 S.E.2d 837 (1990)

G. Wallace NEWTON and Newton Instrument Company, Inc. v. UNITED STATES FIRE INSURANCE COMPANY, a corporation and North Carolina Insurance Guaranty Association.

Court of Appeals of North Carolina.

June 5, 1990.

Attorney(s) appearing for the Case

Yates, Fleishman, McLamb & Weyher by Joseph W. Yates, III and Bruce W. Berger, Raleigh, for plaintiff-appellants.

Nichols, Caffrey, Hill, Evans & Murrelle by William L. Stocks, Greensboro, for defendant-appellee/appellant U.S. Fire Ins. Co.

Moore & Van Allen by Joseph W. Eason, Christopher J. Blake and Kelley Dixon Moye, Raleigh, for defendant-appellee North Carolina Ins. Guar. Ass'n.

EAGLES, Judge.

This case involves appeals by three different parties. For the reasons stated below, we reverse the entry of summary judgment against U.S. Fire on NCIGA's crossclaim and remand for entry of summary judgment in favor of U.S. Fire. Therefore, NCIGA is the primary insurer for Riley's claims against NIC and Newton. Regarding plaintiffs' appeals, we affirm the entry of summary judgment in favor of NCIGA on the claims of NIC based on the exclusivity of the...

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