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GASTON COUNTY DYEING v. NORTHFIELD INS.

No. 10PA99.

524 S.E.2d 558 (2000)

GASTON COUNTY DYEING MACHINE COMPANY, Tax I.D. No. 56-02-32800, Plaintiff, v. NORTHFIELD INSURANCE COMPANY, Liberty Mutual Insurance Company, Rosenmund, Inc., Allendale Mutual Insurance Company, Sterling Winthrop, Inc., and Sterling Pharmaceuticals, Inc., and International Insurance Company, Defendants, and United Capitol Insurance Company, Intervenor.

Supreme Court of North Carolina.

February 4, 2000.

Attorney(s) appearing for the Case

Yates, McLamb & Weyher, L.L.P., by Barbara B. Weyher, Raleigh; and Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., by Tracy R. Gunn, pro hac vice, Tampa, FL, for defendant-appellant Northfield Insurance Company.

Dean & Gibson, L.L.P., by Rodney Dean and Barbara J. Dean, Charlotte, for defendant-appellee Liberty Mutual Insurance Company.

Lustig & Brown, L.L.P., by James J. Duggan, pro hac vice, Buffalo, NY; and Henson & Henson, L.L.P., by Perry Henson, Jr., Greensboro, for defendant-appellee International Insurance Company.

Golding, Meekins, Holden, Cosper & Stiles, L.L.P., by Harvey L. Cosper, Jr., Charlotte; and Sedgwick, Detert, Moran, & Arnold, by Sidney Rosen, pro hac vice, New York, NY, for intervenor-appellant United Capital Insurance Company.

Parker, Poe, Adams & Bernstein L.L.P., by Josephine H. Hicks, Charlotte, on behalf of Hoechst Celanese Corporation, amicus curiae.

Rivkin, Radler & Kremer, by Richard S. Feldman, pro hac vice, Uniondale, NY; and Bennett & Guthrie, L.L.P., by Richard Bennett, Winston-Salem, on behalf of Commercial Union Insurance Company and Fireman's Fund Insurance Company, amici curiae.

FRYE, Chief Justice.

In this case, the trial court reformed primary and excess policies covering plaintiff so as to afford full coverage to defendant Rosenmund, Inc. (Rosenmund); applied the "injury-in-fact" date in determining when damage to property occurred; concluded that the applicable policy period was a one year period beginning 1 July 1991; and ruled that the policy issued by intervenor was excess to all other coverage available to Rosenmund. The Court of...

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