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AMERICAN NATIONAL FIRE INSURANCE COMPANY v. GIBBS

No. 464.

133 S.E.2d 669 (1963)

260 N.C. 681

AMERICAN NATIONAL FIRE INSURANCE COMPANY v. John M. GIBBS, trading and doing business as Gibbs-Wood Transport Company, and the Fidelity & Casualty Company of New York.

Supreme Court of North Carolina.

December 19, 1963.

Attorney(s) appearing for the Case

Joyner & Howison, by W. T. Joyner, Jr., Raleigh, for plaintiff appellee.

Vaughan S. Winborne, Raleigh, for defendant appellants Gibbs and Fidelity & Casualty Co. of New York.

RODMAN, Justice.

Defendant Gibbs was, on and prior to 1 April 1951, a motor carrier holding motor carrier certificate C-422, issued by the North Carolina Utilities Commission. He did business under the name of "Gibbs-Wood Transport Company."

On 1 April 1951 plaintiff issued to Gibbs-Wood Transport Company its policy of insurance 9567. The policy declares its purpose is "to indemnify the Assured, for loss or damage from perils hereinafter defined, arising from...

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