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BUILDERS MUT. INS. CO. v. MITCHELL

No. COA10-553.

709 S.E.2d 528 (2011)

BUILDERS MUTUAL INSURANCE COMPANY, Plaintiff, v. Henry A. MITCHELL, Jr., Executor of the Estate of Charles Cecil McKinney and Henry A. Mitchell, Jr., as trustee under The Revocable Declaration of Trust Made by Charles C. McKinney dated August 21, 2001, as amended and Restated March 21, 2007 and as further amended, Umstead Construction, Inc., Umstead Construction Group, Inc., Garry K. Umstead, individually, Kenneth Stephens, Venters Construction Inc., and Maryland Casualty Company, Defendants.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

Anderson, Johnson, Lawrence, Butler & Bock, L.L.P., Fayetteville, by Steven C. Lawrence , Attorney for Plaintiff-appellant.

Dean & Gibson, PLLC, Charlotte, by Payton D. Hoover , Attorney for Defendant-appellee.

HUNTER, JR., ROBERT N., Judge.

Charles McKinney, a homeowner, filed an action against Umstead Construction, Inc., ("Umstead") seeking damages arising from faulty repair of his home. Plaintiff Builders Mutual Insurance Company ("BMI"), Umstead's commercial general liability ("CGL") insurer, defended and settled by paying damages following mediation. BMI subsequently filed for declaratory judgment seeking indemnity from Defendant Maryland Casualty Company ("Maryland...

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