SPX CORPORATION, Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Employers Insurance Company of Wausau, The Travelers Indemnity Company, Defendants, and
Ace Property and Casualty Insurance Company and Century Indemnity Company, Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
April 5, 2011.
April 5, 2011.
Attorney(s) appearing for the Case
Robinson, Bradshaw & Hinson, P.A., Charlotte, by David C. Wright, III , and Covington & Burling, L.L.P., by Benjamin J. Razi , for plaintiff-appellee and cross-appellant SPX Corporation.
Poyner Spruill, L.L.P., Raleigh, by Steven B. Epstein , for defendant-appellant Liberty Mutual Insurance Company.
York, Williams & Lewis, L.L.P., Charlotte, by R. Gregory Lewis , and Zelle, Hofmann, Voelbel & Mason, L.L.P., by Rolf E. Gilbertson , for defendant-appellant Employers Insurance Company of Wausau.
Higgins Law Firm, Charlotte, by Sara W. Higgins , and Step toe & Johnson, L.L.P., by John R. Casciano , for defendant-appellant The Travelers Insurance Company.
Pinto, Coates, Kyre & Brown, P.L.L.C., Greensboro, by David L. Brown , and Siegal & Brown, by Martin F. Siegal , for defendants-appellees Ace Property & Casualty Company and Century Indemnity Company.
Court of Appeals of North Carolina.
BRYANT, Judge.
Where New York law requires that each insurer must defend its insured if there is an asserted occurrence which could be potentially covered by its policy, even if another carrier may also be responsible, the trial court does not abuse its discretion in so ordering. Where New York law provides that the appropriate method for allocating defense obligations may be determined without trial, the trial court does...
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