Gaston County Dyeing Machine Co. v. Northfield Insurance

Judge Greene

concurring.

The first issue addressed by the majority is whether the policies in issue require the loss to be determined on the date of its discovery or on the date the damage is sustained. The majority holds that this Court has previously answered that question in favor of the “date of discovery” rule, citing West American Insurance Co. v. Tufco Flooring East, 104 N.C. App. 312, 409 S.E.2d 692 (1991), disc. review improvidently allowed, 332 N.C. 479, 420 S.E.2d 826 (1992). I do not read Tufco that broadly. I read that case as holding that when the actual date of damage cannot be…