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

No. 44.

182 S.E.2d 571 (1971)

279 N.C. 240

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

Supreme Court of North Carolina.

July 30, 1971.

Attorney(s) appearing for the Case

Thomas M. Starnes, Morganton, for plaintiff appellants.

Byrd, Byrd & Ervin, Morganton, for Charles P. Michaels, Admr. of Estate of Gerald D. Michaels, defendant appellee.

Mitchell & Teele, Valdese, for St. Paul Fire and Marine Ins. Co., defendant appellee.

Roy Walton Davis, Marion, for Barbara Lewis and Bis Ray Lewis, defendant appellees.

Uzzell & Dumont, Asheville, for Fireman's Fund Ins. Co., defendant appellee.

SHARP, Justice.

The verdict of the jury, which established that at the time of the accident on 25 October 1966 Terry was operating the 1961 Oldsmobile within the scope of his permission from Tux, is not challenged by any assignment of error. Therefore, plaintiffs' policy covered Terry's operation of that vehicle unless the assigned risk policy which Fireman's issued to Carson insuring the 1965 Oldsmobile covered Terry's operation of the 1961 Oldsmobile as a...

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