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LAMBE REALTY INV. v. ALLSTATE INS. CO.

No. COA99-503.

527 S.E.2d 328 (2000)

LAMBE REALTY INVESTMENT, INC., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

March 21, 2000.

Attorney(s) appearing for the Case

Morgan & Yankanich, P.A., by Eric C. Morgan, Kernersville, for plaintiff-appellee.

Burton & Sue, L.L.P., by Gary K. Sue and James D. Secor, III, Greensboro, for defendant-appellant.

TIMMONS-GOODSON, Judge.

This appeal arises out of an action brought by Lambe Realty Investment, Inc. ("LRI") seeking a declaratory judgment determining its rights under a commercial liability policy issued to it by Allstate Insurance Company ("Allstate"). The relevant facts follow.

On 19 May 1997, John C. and Tammy L. Kippe ("the Kippes") filed a lawsuit ("the underlying action" or "the underlying complaint") against...

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