The HOME INDEMNITY COMPANY, The Home Insurance Company, and City Insurance Company, Plaintiffs,
v.
HOECHST CELANESE CORPORATION; Aetna Casualty & Surety Company; AIU Insurance Company; Allstate Insurance Company; American Centennial Insurance Company; American Home Assurance Company; American Motorist Insurance Company; American Professionals Insurance Company; American Re-Insurance Company; Associated International Insurance Company; Birmingham Fire Insurance Company of Pennsylvania; California Union Insurance Company; Centennial Insurance Company; Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies; Certain Underwriting Syndicates of the Illinois Insurance Exchange; Certain Underwriting Syndicates of the Insurance Exchange of the Americas; Cigna Insurance Company; Columbia Casualty Company; Commercial Union Insurance Companies; Continental Casualty Company; Continental Insurance Company; Crum & Forster Insurance Company; Employers Insurance of Wausau, a Mutual Company; Employers Mutual Casualty Company; Eric Reinsurance Company; Excess Insurance Company, Limited; Federal Insurance Company; Fireman's Fund Insurance Company; First State Insurance Company; Fremont Indemnity Insurance Company; Gibraltar Casualty Company; Government Employees Insurance Company (GEICO); Harbor Insurance Company; Hartford Accident and Indemnity Company; Highlands Insurance Company; Hudson Insurance Company; Insurance Company of North America; Insurance Company of the State of Pennsylvania; International Surplus Lines Insurance Company; Lexington Insurance Company; London Guarantee and Accident Company of New York; Lumbermen's Mutual Casualty Insurance Company; Meadows Syndicate, Inc.; National Casualty Company; National Union Fire Insurance Company of Pittsburgh, P.A.; New England Insurance Company; New England Reinsurance Company; North River Insurance Company; North Star Reinsurance Corporation; Northwestern National Casualty Company; Northwestern National Insurance Company; Pacific Insurance Company; Progressive American Insurance Company; Prudential Reinsurance Company; Royal Indemnity Company; Signal Insurance Company; St. Paul Fire and Marine Insurance Company; Stonewall Insurance Company; Tortuga Casualty Insurance Company; The Travelers Indemnity Company; Twin City Fire Insurance Company; Vik Re Syndicate, Inc., Underwriters Reinsurance Company; United Insurance Companies, Inc.; X.L. Insurance Company Limited; Zurich Insurance Company; Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
December 16, 1997.
December 16, 1997.
Attorney(s) appearing for the Case
Womble Carlyle Sandridge & Rice, P.L.L.C. by Richard T. Rice and Reid C. Adams, Jr., Winston-Salem, for plaintiff-appellant The Home Indemnity Company.
Rivkin Radler & Kremer by Richard S. Feldman, Uniondale, NY, for defendant-appellants Commercial Union Insurance Company and Fireman's Fund Insurance Company.
Bennett & Blancato by Richard Bennett, Winston-Salem, for defendant-appellants Commercial Union Insurance Company and Fireman's Fund Insurance Company.
Weissman Nowack Curry & Zaleon, P.C. by Linda B. Foster, Atlanta, GA, for defendant-appellant Aetna Casualty and Surety Company.
Underwood Kinsey Warren & Tucker, P.A. by C. Ralph Kinsey, Jr., Charlotte, for defendant-appellant Aetna Casualty and Surety Company.
Cohn & Russell by Vicky Kaiser Russell, Chicago, IL, for defendant-appellants Century Indemnity Company, Successor to CCI Insurance Company, Successor to Insurance Company of North America.
Law Office of Mark A. Michael by Mark A. Michael, Charlotte, for defendant-appellants Century Indemnity Company, Successor to CCI Insurance Company, Successor to Insurance Company of North America.
Mendes & Mount, LLP by Henry Lee, New York City, for defendant-appellants Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies.
Kilpatrick Stockton by Jackson N. Steele, Charlotte, for defendant-appellants Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies.
Melito & Adolfsen, P.C. by Louis G. Adolfsen and Catherine E. Rothman, New York City, for defendant-appellants Hartford Accident & Indemnity Company, First State Insurance Company, Twin City Fire Insurance Company and New England Insurance Company.
Cansler Lockhart Campbell Evans Bryant & Garlitz, P.A. by Hugh B. Campbell, Charlotte, for defendant-appellants Hartford Accident & Indemnity Company, First State Insurance Company, Twin City Fire Insurance Company and New England Insurance Company.
Parker, Poe, Adams & Bernstein, L.L.P. by Irvin W. Hankins III and Josephine H. Hicks, Charlotte, for defendant-appellee Hoechst Celanese Corporation.
Lowenstein, Sandler, Kohl, Fisher & Boylan, by Michael Dore and David Field, Roseland, NJ, for defendant-appellee Hoechst Celanese Corporation.
Court of Appeals of North Carolina.
EAGLES, Judge.
When evaluating the propriety of a trial court's stay order the appropriate standard of review is abuse of discretion. Home Indem. Co. v. Hoechst-Celanese Corp.,99 N.C. App. 322, 325, 393 S.E.2d 118, 120 (1990), appeal dismissed and cert. denied,327 N.C. 428, 396 S.E.2d 611 (1990). A trial court...
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