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TRANSALL, INC. v. PROTECTIVE INS. CO.

No. 9121SC310.

419 S.E.2d 368 (1992)

107 N.C. App. 283

TRANSALL, INC., Plaintiff, v. PROTECTIVE INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

August 18, 1992.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore, by J. Donald Cowan, Jr. and Terrill L. Johnson, Greensboro, for plaintiff-appellant.

Petree Stockton & Robinson, by James H. Kelly, Jr. and Kenneth S. Broun, Winston-Salem, for defendant-appellee.

ORR, Judge.

Transall appeals the trial court's entry of summary judgment in favor of Protective. For the reasons below, we reverse the order of the trial court.

Transall purchased three one-year insurance policies from Protective. Protective issued a workers compensation insurance policy, Policy No. RWC 8135, to Transall effective 1 October 1984 to 11 October 1985. The policy contained an endorsement entitled "RETROSPECTIVE PREMIUM ENDORSEMENT RATING OPTION...

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