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NATIONWIDE MUTUAL INS. CO. v. FIREMAN'S FUND INS. CO.

No. 7025SC429.

175 S.E.2d 741 (1970)

NATIONWIDE MUTUAL INSURANCE COMPANY and Tux Bowers Motor Company, Inc. v. FIREMAN'S FUND INSURANCE COMPANY, et al.

Court of Appeals of North Carolina.

August 5, 1970.

Attorney(s) appearing for the Case

Patton, Starnes & Thompson, by Thomas M. Starnes, Morganton, for plaintiffs-appellants.

Uzzell & DuMont, by Harry DuMont, Asheville, for defendant-appellee Fireman's Fund Insurance Co.

Mitchell & Teele, by H. Dockery, Teele, Jr., Valdese, for St. Paul Fire & Marine Ins. Co.

Byrd, Byrd & Ervin, by Robert B. Byrd, Morganton, for Charles P. Michaels, Administrator of Estate of Gerald D. Michaels.

Roy Walton Davis, Marion, for defendants Barbara Ann and Bis Ray Lewis.

GRAHAM, Judge.

The Nationwide garage liability policy in question provides insurance coverage for any person using an automobile insured under the policy, "* * * but only if no other valid and collectible automobile liability insurance * * * is available to such person; * * *" The sole question presented on this appeal is whether the court correctly determined, as a matter of law, that no other insurance was available to the operator of the 1961 Oldsmobile automobile...

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