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MARTINI v. COMPANION PROPERTY & CAS. INS.

No. COA08-1127.

679 S.E.2d 156 (2009)

Douglas J. MARTINI, Plaintiff, v. COMPANION PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

July 7, 2009.

Attorney(s) appearing for the Case

Brown, Crump, Vanore & Tierney, L.L.P., by R. Scott Brown and W. John Cathcart, Jr., Raleigh, for plaintiff.

Teague, Campbell, Dennis & Gorham, L.L.P., by Henry W. Gorham and Edward S. Schenk III, Raleigh, for defendant.

ELMORE, Judge.

Both Douglas J. Martini, M.D. (plaintiff), and Companion Property & Casualty Insurance Company (defendant) appeal from a 12 May 2008 order granting partial summary judgment to both parties. For the reasons stated below, we affirm that part of the order granting summary judgment to plaintiff and reverse that part of the order granting summary judgment to defendant.

Background

On 9 January 2005, plaintiff's wife informed plaintiff...

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