N.C. STEEL, INC. v. NAT. COUNCIL ON COMP. INS.

No. COA95-380.

472 S.E.2d 578 (1996)

N.C. STEEL, INC.; N.C. Steel Erectors, Inc.; N.C. Steel Management, Inc.; N.C. Steel Fabricators, Inc., Aircraft Services of Raleigh, Inc.; Montague Building Company; Smith & Smith, Surveyors, P.A., and North Carolina Marble & Granite, Plaintiffs, v. NATIONAL COUNCIL ON COMPENSATION INSURANCE; National Workers' Compensation Reinsurance Pool; North Carolina Rate Bureau; Aetna Casualty & Surety Company; Cigna Insurance Company and Ins. Co. of North America; Employers Ins. of Wausau, a Mutual Company; Fidelity & Casualty Co. of N.Y.; Hartford Underwriters Insurance Company; Liberty Mutual Insurance Company; Michigan Mutual Insurance Company; National Surety Corporation; St. Paul Fire & Marine Insurance Company; The Travelers Insurance Company; and United States Fidelity and Guaranty Company, Defendants.

Court of Appeals of North Carolina.

July 16, 1996.


Attorney(s) appearing for the Case

Lore & McClearen by R. James Lore and R. Edwin McClearen, Raleigh, and Siegel, Brill, Greupner & Duffy, P.A. by Wood R. Foster, Jr., Wm. Christopher Penwell, and Jordan M. Lewis, Minneapolis, MN, for plaintiffs-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by James D. Blount, Jr., Raleigh, for defendant-appellee Aetna Casualty & Surety Company.

Womble Carlyle Sandridge & Rice, P.L.L.C. by Pressly M. Millen, Raleigh, for defendants-appellees National Council on Compensation Insurance and National Workers' Compensation Reinsurance Pool.

Young, Moore and Henderson by R. Michael Strickland, Raleigh, for defendant-appellee North Carolina Rate Bureau.

Poyner & Spruill by John R. Jolly, Jr., Raleigh, for defendants-appellees Cigna Insurance Company, and Insurance Company of North America.

Ragsdale, Liggett & Foley by George R. Ragsdale, Raleigh, for defendant-appellee Employers Insurance of Wausau.

Cranfill, Sumner & Hartzog by Dan M. Hartzog, Raleigh, for defendant-appellee Fidelity & Casualty Company of New York.

Moore & Van Allen by Joseph W. Eason, Raleigh, for defendant-appellee Hartford Underwriters Insurance Company.

Manning, Fulton & Skinner by John B. McMillan, Raleigh, for defendant-appellee Liberty Mutual Insurance Company.

Moore & Van Allen by Joseph W. Eason, Raleigh, for defendant-appellant Michigan Mutual Insurance Company.

Maupin, Taylor, Ellis & Adams by M. Keith Kapp, Raleigh, for defendant-appellee National Surety Corporation.

Petree Stockton, L.L.P. by John L. Sarratt, Raleigh, for defendant-appellee St. Paul Fire & Marine Insurance Company.

Parker, Poe, Adams & Bernstein by John F. Graybeal, Raleigh, for defendant-appellee Travelers Insurance Company.

Tharington, Smith & Hargrove by Douglas E. Kingsbery, Raleigh, for defendant-appellee United States Fidelity & Guaranty Company.


WYNN, Judge.

The record, taken in the light most favorable to plaintiffs, tends to show the following: Plaintiffs in this action are North Carolina corporations which are either currently required to provide workers' compensation insurance pursuant to Chapter 97 of the North Carolina General Statutes, or were formerly required to do so. Defendants are workers' compensation insurers, except for National Council on Compensation Insurance (hereinafter NCCI) and North...

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