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DISCOVERY INS. CO. v. NC DEPT. OF INS.

No. COA17-285.

807 S.E.2d 582 (2017)

DISCOVERY INSURANCE COMPANY, Petitioner, v. The NORTH CAROLINA DEPARTMENT OF INSURANCE, Commissioner of Insurance Wayne Goodwin and The North Carolina Reinsurance Facility, Respondents.

Court of Appeals of North Carolina.

Filed: October 3, 2017.

Attorney(s) appearing for the Case

Graebe Hanna & Sullivan, PLLC, Raleigh, by Douglas W. Hanna , for petitioner-appellant.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Daniel Snipes Johnson and Assistant Attorney General M. Denise Stanford , for respondent-appellee North Carolina Department of Insurance and the Commissioner of Insurance.

Young Moore and Henderson, P.A., Raleigh, by Marvin M. Spivey, Jr. , Glenn C. Raynor and Angela Farag Craddock , for respondent-appellee North Carolina Reinsurance Facility.

I. Background

Respondent, the North Carolina Reinsurance Facility ("the Facility"), is a statutory entity, consisting of all motor vehicle liability insurers in North Carolina as required members. N.C. Gen. Stat. § 58-37-5 (2015). Discovery Insurance Company ("Discovery") is a Kinston, North Carolina-based insurance...

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