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RAINES v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

No. 7012DC325.

175 S.E.2d 299 (1970)

Roger RAINES, Administrator of the Estate of Benjamin Leon Raines, Deceased v. ST. PAUL FIRE & MARINE INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 15, 1970.

Attorney(s) appearing for the Case

Bryant, Jones & Johnson, by James M. Johnson, Dunn, for plaintiff-appellant.

Anderson, Nimocks & Broadfoot by Henry L. Anderson, Fayetteville, for defendant-appellee.

CAMPBELL, Judge.

For the defendant to be obligated to pay the claim of the plaintiff here, the injury of the plaintiff's deceased must have been, as the insurance contract states, "* * * caused by accident and arising out of the ownership, maintenance or use of the automobile." We hold that the accidental shooting of Benjamin Raines, under the facts of this case, did not arise out of the ownership, maintenance or use of the automobile which is the vehicle insured...

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