Legal Opinion

Holz-Her U.S., Inc. v. United Stated Fidelity & Guaranty Co.

Court of Appeals of North Carolina

Decided December 19, 2000No. COA99-1602PublishedCited by 19 opinions

1Opinion of the Court

LEWIS, Judge.

This appeal involves the issue of whether defendant United States Fidelity & Guaranty Company. (“USF&G”) had a duty to defend plaintiff Holz-Her U.S., Inc. (“Holz-Her”) in a lawsuit brought against Holz-Her in Texas. We conclude that defendant had no such duty.

On 14 February 1996, South Bay Industries (“South Bay”) and Ralph Durden filed a complaint against, among others, Holz-Her for fraudulent misrepresentations, breach of contract, and deceptive trade practices stemming from an alleged leasing agreement between South Bay and Holz-Her. At the time of the suit, USF&G provided…

2Cases cited9 opinions

  1. Waste Management of Carolinas, Inc. v. Peerless InsuranceSupreme Court of North Carolina · 1986
  2. North Carolina Farm Bureau Mutual Insurance v. StoxSupreme Court of North Carolina · 1992
  3. Henderson v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1997
  4. State Bancorp, Inc. v. United States Fidelity & Guaranty InsuranceWest Virginia Supreme Court · 1997
  5. Washington Housing Authority v. North Carolina Housing Authorities Risk Retention PoolCourt of Appeals of North Carolina · 1998

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Northland Casualty Co. v. HBE Corp.District Court, M.D. Florida · 2001
  2. State Auto Property and Casualty Insurance Company v. Travelers Indemnity Company of America Farmington Casualty CompanyCourt of Appeals for the Fourth Circuit · 2003
  3. Columbia Casualty Co. v. Westfield InsuranceWest Virginia Supreme Court · 2005
  4. BROOM v. WILSON PAVING & EXCAVATING, INC.Supreme Court of Oklahoma · 2015
  5. Pulte Home Corp. v. American Southern InsuranceCourt of Appeals of North Carolina · 2007

14 more not listed; retrieve them via the Exa API.

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