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STUTTS v. TRAVELERS INDEM. CO.

No. COA09-52.

682 S.E.2d 769 (2009)

Robert STUTTS, and All Other Similarly Situated Individuals or Entities Who are Present or Former Policyholders of Workers Compensation Insurance Policies issued by the Defendants Whereon the Defendants Never was at risk on such policies and who have never been Refunded Insurance Premiums Paid for such Policies, Plaintiffs, v. The TRAVELERS INDEMNITY COMPANY, St. Paul Travelers Insurance Company, Travelers Property and Casualty, The Travelers Insurance Group Inc., The Travelers Group and The Travelers Insurance Company, Defendants.

Court of Appeals of North Carolina.

September 15, 2009.

Attorney(s) appearing for the Case

The Law Office of James M. Johnson, by James M. Johnson; Brent Adams & Associates, by Brenton D. Adams, Dunn, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, by Richard T. Rice and Carrie A. Hanger, Winston-Salem, for defendants-appellees.

ROBERT C. HUNTER, Judge.

Plaintiff Robert Stutts appeals from the trial court's entry St. Paul Travelers Insurance Company, Travelers Property and Casualty, The Travelers Insurance Group Inc., The Travelers Group, and The Travelers Insurance Company. Plaintiff's main contention on appeal is that the "filed rate" doctrine is inapplicable in this case and thus the trial court erred in entering summary judgment on that basis...

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