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RADIATOR SPECIALITY CO. v. ARROWOOD INDEM.

No. 20PA21.

881 S.E.2d 597 (2022)

2022-NCSC-134

RADIATOR SPECIALITY COMPANY v. ARROWOOD INDEMNITY COMPANY (as successor to Guaranty National Insurance Company, Royal Indemnity Company, and Royal Indemnity Company of America); Columbia Casualty Company; Continental Casualty Company; Fireman's Fund Insurance Company; Insurance Company of North America; Landmark American Insurance Company; Munich Reinsurance America, Inc. (as successor to American Reinsurance Company); Mutual Fire, Marine and Inland Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; Pacific Employers Insurance Company; St. Paul Surplus Lines Insurance Company; Sirius America Insurance Company (as successor to Imperial Casualty and Indemnity Company); United National Insurance Company; Westchester Fire Insurance Company; Zurich American Insurance Company of Illinois.

Supreme Court of North Carolina.

Filed December 16, 2022.

Attorney(s) appearing for the Case

McGuireWoods LLP, Charlotte, by Bradley R. Kutrow ; and Perkins Coie LLP, by, Jonathan G. Hardin and Catherine J. Del Prete , for plaintiff-appellant.

Fox Rothschild LLP, Raleigh, by Matthew Nis Leerberg and Troy D. Shelton ; and Rivkin Radler LLP, by Michael A. Kotula , for defendant-appellant Fireman's Fund Insurance Company.

Goldberg Segalla LLP, Raleigh, by David L. Brown and Allegra A. Sinclair ; and Nicolaides Fink Thorpe Michaelides Sullivan LLP, by Matthew J. Fink , pro hac vice, and Mark J. Sobczak , pro hac vice, for defendant-appellee National Union Fire Insurance Company of Pittsburgh, PA.

Hedrick Gardner Kincheloe & Garofalo, LLP, Charlotte, by M. Duane Jones and Paul C. Lawrence ; and Musick, Peeler & Garrett LLP, by David A. Tartaglio , Stephen M. Green , and Steven T. Adams , for defendant-appellee Landmark American Insurance Company.

Robinson, Bradshaw & Hinson, P.A., Charlotte, by R. Steven DeGeorge , for United Policyholders, amicus curiae.

Cranfill Sumner LLP, Raleigh, by Jennifer A. Welch ; and Crowell & Moring, by Laura Foggan , for Complex Insurance Claims Litigation Association and American Property Casualty Insurance Association, amici curiae.

¶ 1 Radiator Specialty Company (RSC) is a North Carolina-based manufacturer of automotive, hardware, and plumbing products, including cleaners, degreasers, and lubricants. Some of the products RSC has manufactured contained benzene. Over the past twenty years, RSC has been named in hundreds of personal injury lawsuits seeking...

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