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AMERICAN MOTORISTS INS. CO. v. AVNET, INC.

No. 8910SC942.

391 S.E.2d 50 (1990)

98 N.C. App. 385

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. AVNET, INC., Channel Master Satellite Systems, Inc., Aetna Casualty and Surety Company, Allianz Underwriters Insurance Company, Allstate Insurance Company (as successor to Northbrook Excess and Surplus Insurance Company), Centaur Insurance Company, Employers Mutual Casualty Company, Excess Insurance Company, Federal Insurance Company, Government Employees Insurance Company, Hartford Accident & Indemnity Company, Highlands Insurance Company, Home Insurance Company, International Insurance Company, London Market (Underwriters at Lloyd's and Insurance Companies), Motor Vehicle Casualty Company, National Surety Corporation, New England Insurance Company, Northbrook Excess and Surplus Insurance Company (as predecessor to Allstate Insurance Company), Royal Indemnity Company and St. Paul Fire and Marine Insurance Company, Defendants.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Petree Stockton & Robinson by J. Anthony Penry, Raleigh, and Drinker Biddle & Reath by Timothy C. Russell and Alan C. Nessman, Washington, D.C., for plaintiff-appellant.

Smith Helms Mulliss & Moore by Gary R. Govert, Raleigh, for defendants-appellees.

DUNCAN, Judge.

In this appeal, plaintiff, American Motorists Insurance Company ("AMICO"), seeks to overturn the order staying its action for declaratory relief granted to defendants Avnet, Inc. ("Avnet"), Channel Master Satellite Systems, Inc. ("Channel Master"), and nineteen insurance companies ("the insurance companies"). For the reasons which follow, we reverse the decision of the trial judge.

I

Channel Master, a New York corporation whose principal...

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