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LEXINGTON INS. v. TIRES INTO RECYCLED ENERGY

No. COA99-206.

522 S.E.2d 798 (1999)

LEXINGTON INSURANCE COMPANY, a/s/o Sanborn, Inc., v. TIRES INTO RECYCLED ENERGY AND SUPPLIES, INC.

Court of Appeals of North Carolina.

December 21, 1999.

Attorney(s) appearing for the Case

Cozen and O'Connor, by T. David Higgins, Jr., Charlotte, for plaintiff-appellant.

Kilpatrick Stockton, LLP, by James H. Kelly, Jr., and Christopher C. Fox, Winston-Salem, for defendant-appellee.

MARTIN, Judge.

Lexington Insurance Company ("Lexington") brought this subrogation action against Tires Into Recycled Energy and Supplies, Inc., ("TIRES") to recover damages for a fire allegedly caused by TIRES, which damaged property leased to TIRES by Lexington's insured, Sanborn, Inc. ("Sanborn"). The lease from Sanborn to TIRES covered a commercial building located on Waughtown Street in Winston-Salem, North Carolina, and contained the following provision:

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