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Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co.11/5/1996
underlying employment discrimination claims and suits brought against plaintiff.
III.
In light of our finding in Section II, we need not entertain defendant Fireman's Fund's remaining arguments: (1) that the trial court committed reversible error in concluding that notice to Wayne Johnson, defendant Fireman's Fund's agent, constituted notice to defendant Fireman's Fund; and (2) that the trial court committed reversible error in concluding that plaintiff's claims for recovery of the legal fees and expenses incurred in defending the Overcash /class action prior to 5 December 1995, the Price and Wilson lawsuits, the Price EEOC complaint and the EEOC sex class investigation, and the settlement payment for the Wilson lawsuit, survived the statute of limitations.
IV.
Plaintiff raises two issues on cross-appeal: (1) In the event that summary judgment against defendant Fireman's Fund on the coverage issue is reversed, the court should reverse summary judgment in favor of defendant Guaranty; and (2) In the event that summary judgment against defendant Fireman's Fund on the coverage issue is reversed, the trial court's order dismissing defendant North River should be reversed and the trial court's grant of summary judgment against defendant North River on the issue of coverage should be reactivated. Notably, both umbrella carriers' policies provide coverage in the event that defendant Fireman's Fund does not cover the underlying claims.
As the trial court's orders granting summary judgment for defendant Guaranty and granting defendant North River's motion to dismiss were premised upon the proposition that defendant Fireman's Fund was responsible for coverage of all of the underlying employment discrimination claims, and as we find herein that defendant Fireman's Fund did not provide coverage for the Price EEOC complaint, the Price lawsuit, the Overcash /class action, the Wilson suit and the EEOC sex class investigation claims, the trial court's orders granting summary judgment for defendant Guaranty and a dismissal for North River as to these underlying claims must be reversed also. We, however, affirm the trial court's orders for defendants Guaranty and North River as to the Rosenthal suit.
In Conclusion, we hold (1) that defendant Fireman's Fund's general liability policies afforded plaintiff coverage for the Rosenthal lawsuit only--not for the remaining underlying discrimination claims as found by the trial court, and therefore, the trial court erred in denying defendant Fireman's Fund's motion for summary judgment as to those remaining underlying discrimination claims; (2) that the trial court also erred in granting defendant North River's motion to dismiss, as its umbrella policy affords plaintiff excess coverage for the underlying discrimination claims, which are not covered by defendant Fireman's Fund's general liability policies; and (3) that defendant Guaranty's motion for summary judgment was improperly granted as to the remaining underlying discrimination claims which are uncovered by defendant Fireman's Fund's general liability policies. Accordingly, the 26 April 1993 order of the trial court denying defendant Fireman's Fund's motion for summary judgment and granting defendant Guaranty's motion for summary judgment is reversed as to all of the underlying discrimination claims, with the exception of the Rosenthal suit; its 30 June 1993 order granting defendant North River's motion to dismiss is similarly reversed; and finally, the 7 December 1994 judgment awarding plaintiff damages against defendant Fireman's Fund for the underlying discrimination claims, save the Rosenthal suit, is reversed and the matter is remanded to the trial court for
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