BAILEY v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 7326DC296.

198 S.E.2d 246 (1973)

19 N.C. App. 168

John K. BAILEY t/a Bailey Car Company v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation.

Court of Appeals of North Carolina.

August 8, 1973.


Attorney(s) appearing for the Case

Newitt & Newitt by John G. Newitt, Jr., Charlotte, for plaintiff appellee.

Kennedy, Covington, Lobdell & Kickman by Charles V. Tompkins, Jr., Charlotte, for defendant appellant.


PARKER, Judge.

As originally issued, the policy involved in this case provides coverage to Payton, the named insured, during the period 14 November 1969 to 14 November 1970 for liability arising from operation of the 1959 Plymouth. The endorsement to the policy, which was issued at Payton's request effective 12 December 1969, provided that a 1961 Oldsmobile described therein "replaces all other insured automobiles heretofore described in the policy. . . ." The endorsement...

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