HYOSUNG USA, INC., Plaintiff, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; HARTFORD FIRE INSURANCE COMPANY; and USI INSURANCE SERVICES, LLC, Defendants, and LOGIPIA USA, INC., Defendant and Third-Party Plaintiff, v. DUKE REALTY LIMITED PARTNERSHIP, Third-Party Defendant., 2021 NCBC 81

Summary

HOLDINGS: [1]-In plaintiff's action against its insurers for insurance coverage, reimbursement, and damages for losses relating to products that were stored in a warehouse, the superior court entered judgment for plaintiff because the events at issue constituted a single occurrence to which a single "windstorm" deductible applied; [2]-Plaintiff's insurance company failed to offer evidence from which a reasonable factfinder could conclude that there was a second windstorm; [3]-The hole in the warehouse's roof that allowed wind and rain to damage plaintiff's products during incident 1 was the same hole that allowed wind and rain to damage the products in incident 2.