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NATIONWIDE MUTUAL INSURANCE COMPANY v. HAYES

No. 7017SC93.

172 S.E.2d 269 (1970)

7 N.C. App. 294

NATIONWIDE MUTUAL INSURANCE COMPANY v. Charles Leroy HAYES, Shafer Ewell Gwyn, Shafer Ewell Gwyn, Administrator of the Estate of Bernice O. Gwyn, Glenice Key Lynch, Donald Joe Lynch, Donna Cheryleen Lynch, and Great American Insurance Company.

Court of Appeals of North Carolina.

Certiorari Allowed April 8, 1970.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Jimmy H. Barnhill and Allan R. Gitter, Winston-Salem, for defendant appellant.

Hudson, Petree, Stockton, Stockton & Robinson, by J. Robert Elster and John M. Harrington, Winston-Salem, for plaintiff appellee.

Folger & Folger, by Fred Folger, Jr., Mt. Airy, for defendant appellees, Shafer Ewell Gwyn, Shafer Ewell Gwyn, Administrator of the Estate of Bernice O. Gwyn, Glenice Key Lynch, Donald Joe Lynch and Donna Cheryleen Lynch.

CAMPBELL, Judge.

This appeal boils down to the question whether title passed to Hayes' newly-acquired automobile on 27 December or 28 December 1967. If the former is true, the collision involving Hayes' car occurred more than 30 days from the date title to the automobile passed to Hayes, and the protection provided by the Nationwide Non-Owner's Endorsement, paragraph 3, does not apply. If the latter is the case, then the Nationwide policy would cover Hayes' car at...

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