AETNA CASUALTY & SUR. CO. v. LUMBERMEN'S MUT. CAS. CO.

No. 7122SC95.

181 S.E.2d 727 (1971)

11 N.C. App. 490

The AETNA CASUALTY AND SURETY COMPANY v. LUMBERMEN'S MUTUAL CASUALTY COMPANY et al.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

White, Crumpler & Pfefferkorn by Joe P. McCollum, Jr., Winston-Salem, for defendant Marie O. Conrad, Administratrix of the Estate of Linda Jo Conrad, appellant.

Walser, Brinkley, Walser & McGirt, by Walter F. Brinkley, Lexington, for defendant Lumbermen's Mutual Casualty Co., appellee.


MORRIS, Judge.

Although the policies involved in this litigation were attached to the pleadings and introduced into evidence as exhibits, neither was sent up with the record nor does the record contain any stipulation giving a verbatim quote of the pertinent portions of either policy. Lumbermen's, in its further defense, alleges that its policy "included a provision enumerated as III (a) which extended coverage to any person while using the insured automobile `provided...

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