Discovery Ins. Co. v. The NC Dep't of Ins.

TYSON, Judge.

*697 I. Background

Respondent, the North Carolina Reinsurance Facility ("the Facility"), is a statutory entity, consisting of all motor vehicle liability insurers in *698 North Carolina as required members. N.C. Gen. Stat. § 58-37-5 (2015). Discovery Insurance Company ("Discovery") is a Kinston, North Carolina-based insurance company engaged in selling motor vehicle insurance. Discovery was a member of the Facility at all times relevant to this appeal.

"The Facility is a creation of North Carolina's Compulsory Automobile Liability Insurance Law." State ex rel. Hunt v. N. Carolina…