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HUNTER v. MICHIGAN MUT. LIABILITY CO.

No. 7826SC710.

255 S.E.2d 206 (1979)

41 N.C. App. 496

Maxwell B. HUNTER v. MICHIGAN MUTUAL LIABILITY COMPANY, Lumbermens Mutual Insurance Company and Douglas C. Taylor.

Court of Appeals of North Carolina.

June 5, 1979.

Attorney(s) appearing for the Case

Donald M. Tepper, Charlotte, for plaintiff.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe, and Irvin W. Hankins, III, Charlotte, for Lumbermens Mut. Ins. Co.

Golding, Crews, Meekins, Gordon & Gray by Marvin K. Gray, Charlotte, and Robert L. Burchette, for defendant Michigan Mut. Liability Co.

Weinstein, Sturges, Odom, Bigger, Jonas & Campbell by T. LaFontine Odom and L. Holmes Eleazer, Charlotte, for Douglas Taylor.

ROBERT M. MARTIN, Judge.

The question for our decision is whether the two liability insurance policies covering the truck and automobile owned by plaintiff must provide excess coverage under the "non-owned automobile" clause to the plaintiff with respect to claims arising out of the motorcycle accident of 28 June 1975. Plaintiff contends that the term "non-owned automobile" in the policies includes a motorcycle. He argues that the "owned automobile" provisions of...

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