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HOLZ-HER U.S., INC. v. U.S. FIDELITY AND GUAR. COMPANY

No. COA99-1602.

539 S.E.2d 348 (2000)

HOLZ-HER U.S., INC., Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant.

Court of Appeals of North Carolina.

December 19, 2000.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, L.L.P., by Josephine H. Hicks and John E. Grupp, Charlotte, for plaintiff-appellant.

Wilson & Iseman, L.L.P, by Urs R. Gsteiger, Winston-Salem, for defendant-appellee.

LEWIS, Judge.

This appeal involves the issue of whether defendant United States Fidelity & Guaranty Company ("USF & G") had a duty to defend plaintiff Holz-Her U.S., Inc. ("Holz-Her") in a lawsuit brought against Holz-Her in Texas. We conclude that defendant had no such duty.

On 14 February 1996, South Bay Industries ("South Bay") and Ralph Durden filed a complaint against, among others, Holz-Her for fraudulent misrepresentations, breach of contract...

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