IOWA NATIONAL MUTUAL INSURANCE CO. v. BROUGHTON

No. 25.

196 S.E.2d 243 (1973)

283 N.C. 309

IOWA NATIONAL MUTUAL INSURANCE COMPANY v. Edna Christine BROUGHTON et al.

Supreme Court of North Carolina.

May 9, 1973.


Attorney(s) appearing for the Case

Perry C. Henson and Joseph E. Elrod, III, Greensboro, for plaintiff-appellee.

Bryant, Lipton, Bryant & Battle by Victor S. Bryant, Jr., Durham, for Van Hook.

Stewart & Hayes, P. A. by Gerald W. Hayes, Jr., Dunn, Anderson, Nimocks & Broadfoot, by Henry L. Anderson, Fayetteville, for Broughtons and Stone.


HIGGINS, Justice.

The appeal presents this question: Does the plaintiff's automobile liability insurance policy No. FCA 10-389-011 issued to Budget Rent A Car, which leased the insured vehicle to Victor Barlow Carraway, afford coverage to Elijah Z. Massey to whom Carraway surrendered it in violation of his leasing agreement with the owner?

By the stipulations of the parties and the findings of Judge Seay, who tried the case without a jury, these pertinent...

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