NORTH STATE DELI, LLC v. CINCINNATI INS.

No. COA21-293.

875 S.E.2d 590 (2022)

2022-NCCOA-455

NORTH STATE DELI, LLC d/b/a Lucky's Delicatessen, Mothers & Sons, LLC d/b/a Mothers & Sons Trattoria, Mateo Tapas, L.L.C. d/b/a Mateo Bar De Tapas, Saint James Shellfish LLC d/b/a Saint James Seafood, Calamari Enterprises, Inc. d/b/a Parizade, Bin 54, LLC d/b/a Bin 54, Arya, Inc. d/b/a City Kitchen and Village Burger, Grasshopper LLC d/b/a Nasher Cafe, Verde Cafe Incorporated d/b/a Local 22, Floga, Inc. d/b/a Kipos Greek Taverna, Kuzina, LLC d/b/a Golden Fleece, VIN Rouge, Inc. d/b/a VIN Rouge, Kipos Rose Garden Club, LLC d/b/a Rosewater, and Gira Sole, Inc. d/b/a Farm Table and Gatehouse Tavern, Plaintiffs, v. The CINCINNATI INSURANCE COMPANY; the Cincinnati Casualty Company; Morris Insurance Agency Inc.; and Does 1 Through 20, Inclusive, Defendants.

Court of Appeals of North Carolina.

Filed July 5, 2022.


Attorney(s) appearing for the Case

The Paynter Law Firm, PLLC, by Gagan Gupta , Raleigh, and Stuart M. Paynter , Hillsborough, for Plaintiffs-Appellees.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by Kimberly M. Marston , Jim W. Phillips, Jr. , and Gary S. Parsons , Raleigh, for Defendants-Appellants.

Robinson & Cole LLP, by Roger A. Peters, II , for amici curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies.

Deputy Solicitor General Sarah G. Boyce for amicus curiae The State of North Carolina.

Kimberly M. Rehberg for amici curiae City of Charlotte, City of Durham, and Former State Commissioner of Insurance George Wayne Goodwin.

Robinson, Bradshaw & Hinson, P.A., Charlotte, by Richard C. Worf, Jr. , and Covington & Burling LLP, by Allison Hawkins , for amicus curiae United Policyholders and National Independent Venue Association.

Crabtree Carpenter, PLLC, by Guy W. Crabtree , Durham, and Thompson Hammerman Davis LLP, by Gary S. Thompson and Kristin C. Davis , for amicus curiae North Carolina Restaurant & Lodging Association and Restaurant Law Center.


¶ 1 Defendants appeal from an Order Granting Plaintiffs' Rule 56 Motion for Partial Summary Judgment. In this case, we must interpret provisions of Plaintiffs' commercial insurance policies (the "Policies"). Because we conclude the unambiguous terms of the Policies did not provide the coverage Plaintiffs sought, we reverse the...

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