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STATE EX REL. LONG v. BEACON INS. CO.

No. 9010SC126, Claim No. 29101.

404 S.E.2d 691 (1991)

103 N.C. App. 144

STATE of North Carolina, ex rel. James LONG, Commissioner of Insurance of North Carolina, Petitioner, v. BEACON INSURANCE COMPANY, Respondent. Claim of PRECISION CHIPPER CORPORATION.

Court of Appeals of North Carolina.

June 4, 1991.

Attorney(s) appearing for the Case

No brief filed for petitioner-appellee.

Johnson, Gamble, Mercer, Hearn & Vinegar by M. Blen Gee, Jr., Raleigh, for respondent-appellee, the rehabilitator of Beacon Ins. Co.

Bradley, Arant, Rose & White, Birmingham, Ala. by Michael R. Pennington and Smith, Helms, Mulliss & Moore by Richard W. Ellis and David C. Keesler, Raleigh, for claimant-appellant Precision Chipper Corp.

PHILLIPS, Judge.

The first question for determination is whether the court erred in concluding that Beacon issued the 1983 policy to Precision on a claims made basis and that no oral or written representations by any person converted this to occurrence basis coverage. Precision argues that it was never notified that the agency relationship between E & S and Beacon was terminated and that E & S, as managing general agent for Beacon, orally created a valid and...

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