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UNIVERSAL INS. v. BURTON FARM DEVELOPMENT

No. COA10-1554.

718 S.E.2d 665 (2011)

UNIVERSAL INSURANCE COMPANY, Plaintiff, v. BURTON FARM DEVELOPMENT COMPANY, LLC, Defendant. First Specialty Insurance Company, Plaintiff, v. Universal Insurance Company, Defendant.

Court of Appeals of North Carolina.

November 1, 2011.

Attorney(s) appearing for the Case

Burton & Sue, L.L.P., Greensboro, by Gary K. Sue and Andrea Dancy Harrell , for Universal Insurance Company, appellant.

Forman Rossabi Black, P.A., Greensboro, by Amiel J. Rossabi and Jennifer L. Reutter , for First Specialty Insurance Company, appellee; and Poyner Spruill, LLP, Rocky Mount , by J. Nicholas Ellis , for Burton Farm Development Company, LLC, appellee.

GEER, Judge.

Universal Insurance Company appeals from an order denying its motion for summary judgment, granting First Specialty Insurance Company's motion for summary judgment, and declaring that Universal Insurance has a duty to defend Burton Farm Development Company, LLC, with respect to a complaint filed in Pamlico County Superior Court ("the underlying complaint"). Universal Insurance primarily argues that coverage...

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