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BELL v. HYPE MANUFACTURING, LLC

No. COA10-952.

705 S.E.2d 926 (2011)

Herbert M. BELL, Employee, Plaintiff, v. HYPE MANUFACTURING, LLC, Employer, and American Zurich Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

March 1, 2011.

Attorney(s) appearing for the Case

No brief for Plaintiff-employee.

Leicht & Associates, Asheville, by Gene Thomas Leicht and Lynn A. Key , for Defendant-employer.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., Charlotte, by Kelli A. Burns and M. Duane Jones , for Defendant-carrier.

STEPHENS, Judge.

On 17 April 2008, Plaintiff-employee Herbert M. Bell filed a claim for workers' compensation benefits, alleging a compensable injury sustained in the course of his employment with Defendant-employer Hype Manufacturing, LLC, on 28 September 2006. On 9 July 2008, Defendant-carrier American Zurich Insurance Company denied coverage for the claim, asserting a lapse in Hype's coverage. On 2 September 2008, Hype moved to join American Zurich as a necessary...

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