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BROWN v. LUMBERMENS MUT. CAS. CO.

No. 337PA88.

390 S.E.2d 150 (1990)

326 N.C. 387

Doyle BROWN and Coleen B. Brown v. LUMBERMENS MUTUAL CASUALTY COMPANY and General Motors Corporation.

Supreme Court of North Carolina.

April 5, 1990.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiff-appellee.

Parker, Poe, Thompson, Bernstein, Gage & Preston by Irvin W. Hankins III, Charlotte, for defendant-appellant Lumbermens Mut. Cas. Co.

EXUM, Chief Justice.

This is an action seeking in part damages against Lumbermens Mutual Casualty Company (Lumbermens) for an alleged breach of a "duty to defend" provision in an automobile liability policy issued by Lumbermens. The trial court entered summary judgment for Lumbermens on the ground that it had discharged its duty to defend when it paid its entire coverage limits to one of the claimants allegedly injured by the negligence of its insureds, the plaintiffs...

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