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ROSE HILL POULTRY CORP. v. AM. MUT. INS. CO.

No. 764SC1021.

237 S.E.2d 564 (1977)

ROSE HILL POULTRY CORPORATION v. AMERICAN MUTUAL INSURANCE COMPANY, INC.

Court of Appeals of North Carolina.

October 5, 1977.

Attorney(s) appearing for the Case

E. C. Thompson, III, Warsaw, for plaintiff-appellant.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant-appellee.

HEDRICK, Judge.

Plaintiff bottoms its claim against the insurer on G.S. 20-279.21(f)(1) which in pertinent part provides:

"(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein: (1) Except as hereinafter provided, the liability of the insurance carrier with respect to the insurance required by this Article shall become absolute whenever injury or damage covered by said motor vehicle...

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