AETNA CAS. & SUR. CO. v. CONTINENTAL INS. CO.

No. 9226SC208.

429 S.E.2d 406 (1993)

110 N.C. App. 278

The AETNA CASUALTY AND SURETY COMPANY, v. CONTINENTAL INSURANCE COMPANY and Bryant Electric Company, Inc.

Court of Appeals of North Carolina.

May 18, 1993.


Attorney(s) appearing for the Case

Johnston, Taylor, Allison & Hord by Robert L. Burchette and Greg C. Ahlum, Charlotte, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe by John P. Barringer, Charlotte, for defendant-appellee Continental Ins. Co. and defendant-appellee Bryant Elec. Co.


GREENE, Judge.

Plaintiff appeals from an order filed 2 December 1991, ordering that plaintiff and defendant share payment of an insurance claim on a pro-rata basis.

The facts pertinent to this appeal are as follows: In October, 1986, J.A. Jones Construction Company (Jones) entered into a general construction contract with First Union National Bank for certain work on the First Union Tower located in Charlotte, North Carolina. Thereafter, Jones subcontracted...

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