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JOHN ALDEN LIFE INS. v. NORTH CAROLINA INS.

No. COA03-229.

589 S.E.2d 908 (2004)

JOHN ALDEN LIFE INSURANCE COMPANY, Plaintiff, v. NORTH CAROLINA INSURANCE GUARANTY ASSOCIATION, Defendant.

Court of Appeals of North Carolina.

January 6, 2004.

Attorney(s) appearing for the Case

Allen Mills of Frederic E. Toms & Associates, P.L.L.C., Cary, for the Plaintiff.

Christopher J. Blake and Betsy Cooke of Moore & Van Allen, P.L.L.C., Raleigh, for the Defendant.

WYNN, Judge.

By this appeal, John Alden Life Insurance Company ("John Alden Insurance") seeks reversal of the trial court's summary judgment order dismissing all of its claims against North Carolina Insurance Guaranty Association ("Guaranty Association"). After careful review, we reverse and remand.

The facts giving rise to this case are not disputed. On 28 July 1997, David Nugent suffered a severe heart attack during the course of his employment at Republic...

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