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FARM BUREAU v. CULLY'S MOTORCROSS PARK

No. 243PA12.

742 S.E.2d 781 (2013)

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

Supreme Court of North Carolina.

June 13, 2013.

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 , for defendant-appellees.

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

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

Baucom, Claytor, Benton, Morgan & Wood, P.A., Charlotte, by James F. Wood, III , for North Carolina Insurance Crime Information Exchange, amicus curiae.

Bailey & Thomas, P.A., Winston Salem, by Roger W. Marion, Jr. and David W. Bailey, Jr. , for Property Casualty Insurers Association of America, amicus curiae.

EDMUNDS, Justice.

In the aftermath of a house fire on property belonging to defendant Cully's Motorcross Park, Inc. (Cully's), an investigator for plaintiff North Carolina Farm Bureau Mutual Insurance Company (Farm Bureau) found strong evidence of arson and reported his suspicions to a Wilson Police Department sergeant. These findings included allegations that defendant Laurie Volpe (Volpe), Cully's president and sole stockholder, had failed to report to Farm Bureau...

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