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N.C. FARM BUREAU MUT. INS. CO. v. MIZELL

No. COA99-947.

530 S.E.2d 93 (2000)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. James L. MIZELL and Douglas W. Austin, Defendants.

Court of Appeals of North Carolina.

June 20, 2000.

Attorney(s) appearing for the Case

Harris, Shields, Creech and Ward, P.A., by C. David Creech and Charles E. Simpson, Jr., New Bern, for plaintiff-appellee.

Gaylord, McNally, Strickland & Snyder, L.L.P., by Danny D. McNally, Greenville, for defendant-appellant Mizell.

Ward and Smith, P.A., by Donald S. Higley, II and A. Charles Ellis, Greenville, for defendant-appellant Austin.

WALKER, Judge.

On 2 February 1998, defendant Austin filed suit against defendant Mizell seeking to recover damages for personal injuries arising out of Mizell's negligent discharge of a firearm. Plaintiff North Carolina Farm Bureau Mutual Insurance Company provides homeowner's insurance coverage to Mizell. On 10 September 1998, plaintiff filed a declaratory judgment to determine whether the insurance policy covered Mizell's alleged negligence.

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