ERIE INS. EXCHANGE v. SZAMATOWICZ

No. COA 03-699.

597 S.E.2d 136 (2004)

ERIE INSURANCE EXCHANGE, Plaintiff, v. Grzegorz SZAMATOWICZ, Carmen Evans, and Jennifer Wilson, Defendants.

Court of Appeals of North Carolina.

June 15, 2004.


Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P., by David S. Coats, Raleigh, for plaintiff-appellant.

Maupin, Taylor, P.A., by Mark A. Whitson, Raleigh, for defendant-appellee Grzegorz Szamatowicz.

Duffus & Associates, by Adriana C. Corder, Greenville, for defendant-appellees Carmen Evans and Jennifer Wilson.


HUDSON, Judge.

This declaratory judgment action stems from an early morning fire on 16 September 2001 during a birthday party for defendant Grzegorz Szamatowicz. At the time of the fire, Mr. Szamatowicz and his then-wife had in effect a homeowner's insurance policy ("the Policy") issued by plaintiff Erie Insurance Exchange ("Erie") that covered their residence in Durham, North Carolina along with other Policy-defined insured locations. Erie subsequently instituted...

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