LICHTENBERGER v. AMERICAN MOTORISTS INSURANCE CO.

No. 7018SC3.

172 S.E.2d 284 (1970)

7 N.C. App. 269

Harold W. LICHTENBERGER v. AMERICAN MOTORISTS INSURANCE COMPANY. Dorothy LICHTENBERGER v. AMERICAN MOTORISTS INSURANCE COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied April 28, 1970.


Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Jack W. Floyd and Richard W. Ellis, Raleigh, for plaintiffs-appellants.

Jordan, Wright, Nichols, Caffrey & Hill by Karl N. Hill, Jr., and Edward L. Murrelle, Greensboro, for defendant-appellee.


BRITT, Judge.

The principal question presented by this appeal is: Did the trial court err in entering judgment of involuntary nonsuit? We think that it did.

Defendant contends that nonsuit was proper for the reason that plaintiffs' evidence discloses that the male plaintiff had rejected uninsured motorist protection and, therefore, did not have uninsured motorist coverage at the time of the collision in question.

In Moore v. Hartford Fire Insurance...

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