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GEN. ACC. INS. CO. v. MSL ENTERPRISES

No. COA00-403.

547 S.E.2d 97 (2001)

GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Plaintiff, v. MSL ENTERPRISES, INC. d/b/a MSL Enterprises, Defendant/Third Party Plaintiff, v. TH Construction, Inc., d/b/a THC Construction, Inc., f/k/a Trafalgar House Construction, Inc.; and Kvaerner Construction, Inc., as purported successor-in-interest to TH Construction, Inc., Third-Party Defendants/Third-Party Plaintiffs, v. Michael S. Lopez and Denise Lopez, Third-Party Defendants.

Court of Appeals of North Carolina.

May 15, 2001.

Attorney(s) appearing for the Case

Brown & Bunch, PLLC, by Scott D. Zimmerman, Chapel Hill, for defendant/thirdparty plaintiff MSL Enterprises, Inc., d/b/a MSL Enterprises.

Moore & Van Allen, PLLC, by Christopher J. Blake, Raleigh, for third-party defendants TH Construction, Inc. and Kvaerner Construction, Inc.

WYNN, Judge.

The facts in this dispute are set forth in our decisions from earlier appeals. See Trafalgar House Constr., Inc. v. MSL Enters., Inc., 128 N.C. App. 252, 494 S.E.2d 613 (1998); General Accident Ins. Co. of Am. v. MSL Enters., Inc., No. COA98-130 (N.C. Court of Appeals Feb. 2, 1999). In the more recent appeal, this Court reversed the trial court's grant of summary judgment in favor of MSL. There, a unanimous...

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