This Note has five purposes. First, this Note reviews the facts of Brown v. Lumbermens Mut. Casualty Co. Second, this Note examines the judicial logic of the Brown decision. Third, this Note addresses public policy concerns left unanswered by the courts. Fourth, this Note examines Brown's impact on N.C. Gen. Stat. § 20-279.21(b)(4). Finally, this Note concludes that while Brown should be applauded for extending the duty to defend, the court unnecessarily stretched basic principles of contract law to justify its decision.
George H. Pender, The Duty to Defend - Brown v. Lumbermens Mutual Casualty Company, 13 Campbell L. Rev. 141 (1990).