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UTICA MUTUAL INSURANCE CO. v. CANAL INS. CO.

No. 7418SC530.

209 S.E.2d 552 (1974)

23 N.C. App. 715

UTICA MUTUAL INSURANCE COMPANY v. CANAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by David M. Moore, II, Greensboro, for plaintiff-appellant.

Henson, Donahue & Elrod by Perry C. Henson, Greensboro, for defendant-appellee.

VAUGHN, Judge.

Utica contends that Canal's policy to Leo's is an owner's policy and by statute is required to afford primary coverage to those operating the truck with Leo's permission. An endorsement, E-45, on Canal's policy provided that the policy afforded no insurance to anyone using the vehicle under lease from Leo's and further provided that when the vehicle was leased to another, the insurance afforded Leo's would be excess over any other insurance.

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