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BAIN v. UNITRIN AUTO AND HOME INS. CO.

No. COA09-1524.

708 S.E.2d 410 (2011)

David Michael BAIN and David H. Bain, Plaintiffs, v. UNITRIN AUTO AND HOME INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

Forman Rossabi Black, P.A., by Amiel J. Rossabi , Greensboro, and Michael C. Taliercio , for plaintiffs-appellants.

McAngus Goudelock & Courie, Charlotte, by John T. Jeffries and James D. McAlister , for defendant-appellee.

GEER, Judge.

Plaintiffs David Michael Bain ("Michael Bain") and David H. Bain ("David Bain") appeal from the trial court's grant of summary judgment to defendant Unitrin Auto and Home Insurance Company. Michael Bain, an insured under David Bain's policy with Unitrin, brought suit for personal injuries arising out of an automobile accident ("the underlying action"). After the defendants in the underlying action counterclaimed for property damage, Unitrin retained counsel...

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