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STATE FARM MUT. AUTO. INS. CO. v. GAYLOR

No. COA07-1421.

660 S.E.2d 104 (2008)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Linda P. GAYLOR and Paul E. Gaylor, Defendants.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Scott Lewis and Ellen J. Persechini, Wilmington; and Golding, Holden & Pope, L.L.P., by Robert J. Aylward, Charlotte, for plaintiff-appellee.

Doran, Shelby, Pethel and Hudson, P.A., by Michael Doran, Salisbury, for defendant-appellants.

TYSON, Judge.

Linda P. Gaylor ("Mrs. Gaylor") and Paul E. Gaylor ("Mr. Gaylor") (collectively, "the Gaylors") appeal from orders entered, which granted State Farm Mutual Automobile Insurance Company's ("State Farm") motions to dismiss the Gaylors' counterclaims and for summary judgment. We affirm.

I. Background

On 30 March 2006, State Farm filed a complaint and sought a declaration of rights between the parties as a result of the Gaylor's...

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