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FARM BUREAU v. CULLY'S MOTORCROSS PARK

No. COA11-651.

725 S.E.2d 638 (2012)

The NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. CULLY'S MOTORCROSS PARK, INC., and Laurie Volpe, Defendants-Appellees.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

Harris, Creech, Ward and Blackerby, P.A., New Bern, by Jay C. Salsman , C. David Creech , and Luke A. Dalton , for Plaintiff-Appellant.

Hemmings & Stevens, PLLC, Raleigh, by Aaron C. Hemmings and M. Cory Howes , for Defendants-Appellees.

Young Moore and Henderson, P.A., Raleigh, by Glenn C. Raynor and Andrew P. Flynt , for North Carolina Association of Defense Attorneys, amicus curiae.

Schulz Stephenson Law, Beaufort, by Bradley N. Schulz ; and Wait Law, P.L.L.C., by John L. Wait , for North Carolina Advocates for Justice, amicus curiae.

McGEE, Judge.

The North Carolina Farm Bureau Mutual Insurance Company (Plaintiff) filed a complaint on 24 February 2009 against Cully's Motorcross Park, Inc. (Cully's); Laurie Volpe (Ms. Volpe) (together, Defendants); and Louis Volpe (Mr. Volpe). Plaintiff sought declaratory judgment regarding Plaintiff's liability as insurer of real property owned by Defendants and Mr. Volpe. Defendants, along with Mr. Volpe, filed a motion for a change of venue and an answer and...

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