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VAUGHAN v. CAROLINA INDUS. INSULATION

No. COA06-579.

643 S.E.2d 613 (2007)

Roy Lee VAUGHAN, Employee, Plaintiff, v. CAROLINA INDUSTRIAL INSULATION, aka, Carolina Industrial Insulating Co., Inc., Employer, ACE-USA, Carrier, Defendants.

Court of Appeals of North Carolina.

May 1, 2007.

Attorney(s) appearing for the Case

Wallace & Graham, by Edward L. Pauley, Salisbury, for plaintiff-appellee.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Mary Lou Hill, Greenville, for defendant-appellant ACE-USA.

GEER, Judge.

Defendant ACE-USA appeals from an opinion and award of the North Carolina Industrial Commission arguing that the Commission erred in finding that defendant was the carrier on the risk with respect to plaintiff Roy Lee Vaughan's asbestosis. This case presents a novel scenario. The parties agree that ACE-USA provided workers' compensation insurance to defendant Carolina Industrial Insulation Company ("Carolina Industrial") during the pertinent time frame...

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