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WACHOVIA BANK v. CLEAN RIVER CORP.

No. COA05-1364.

631 S.E.2d 879 (2006)

WACHOVIA BANK, National Association, f/k/a Wachovia Bank, N.A. and f/k/a Wachovia Mortgage Company, Governor's Landing, LLC, Charles Pasquale, and Joanne Pasquale, Plaintiffs v. CLEAN RIVER CORPORATION and Peter D. Koke, Defendants and Assurance Company of America, Zurich American Insurance Company, Maryland Casualty Company, Home Builders Insurance Company, Home Builders Insurance Services, Inc., Home Builders Insurance Service, Inc., and Zurich Insurance Services, Inc., Defendants/Third-Party Plaintiffs v. David Steigerwald, Bernhardt Construction Group, LLC, Lenord Wersan, John Paulson, Global Loss Services, Inc., and Arthur Waddell, Third Party-Defendants and David Steigerwald, Plaintiff v. Clean River Corporation, and Peter D. Koke, Defendants and Assurance Company of America, Zurich American Insurance Company, Maryland Casualty Company, Home Builders Insurance Company, Home Builders Insurance Services, Inc., Home Builders Insurance Service, Inc., and Zurich Insurance Services, Inc., Defendants/Third-Party Plaintiffs v. Wachovia Bank, National Association, f/k/a Wachovia Bank, N.A. and f/k/a Wachovia Mortgage Company, Governor's Landing, LLC, Charles Pasquale, Joanne Pasquale, Bernhardt Construction Group, LLC, Lenord Wersan, John Paulson, Global Loss Services, Inc., and Arthur Waddell, Third-Party Defendants.

Court of Appeals of North Carolina.

July 18, 2006.

Attorney(s) appearing for the Case

Maupin Taylor, P.A., by Daniel Lee Brawley, Wilmington, and Smyth & Cioffi, LLP, by Theodore B. Smyth, Raleigh, for plaintiffs-appellees.

Nexsen, Pruet, Adams & Kleemeier, PLLC, by James W. Bryan and Gary L. Beaver, Greensboro, and Cozen O'Connor, P.C., by Kimberly Sullivan, Charlotte, for defendants-appellants.

CALABRIA, Judge.

Assurance Company of America, Zurich American Insurance Company, Maryland Casualty Company, Home Builders Insurance Company, Home Builders Insurance Services, Inc., Home Builders Insurance Service, Inc., and Zurich Insurance Services, Inc. ("the Zurich defendants" or "Zurich") appeal the discovery order compelling the production of alleged privileged material. We affirm.

On 3 February 2000, Bernhardt...

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