For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
REVERSED.
Chief Justice PARKER and Justice HUDSON did not participate in the consideration or decision of this case.
Magnolia Mfg. of Nc v. Erie Ins. Exchange, 639 S.E.2d 443 (2007)
Jan. 26, 2007
·
Supreme Court of North Carolina
·
No. 525A06.
639 S.E.2d 443
MAGNOLIA MANUFACTURING OF NORTH CAROLINA, INC.
v.
ERIE INSURANCE EXCHANGE, Erie Insurance Property and Casualty Company, and Erie Insurance Group.
No. 525A06.
Supreme Court of North Carolina.
January 26, 2007.
*444Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. ___, 633 S.E.2d 841 (2006), affirming in part and reversing in part an order granting summary judgment for defendants and denying summary judgment for plaintiff entered on 20 April 2005 by Judge Michael R. Morgan in Superior Court, Orange County, and remanding for further proceedings. Heard in the Supreme Court 10 January 2007.
The Brough Law Firm, by Robert E. Hornik, Jr., Chapel Hill, for plaintiff-appellee.
Bailey & Dixon, L.L.P., by David S. Coats, Raleigh, for defendants-appellants.