INDIANA LUMBERMENS MUT. INS. CO. v. GALLOS PLASTICS CORP.

No. 7921SC805.

264 S.E.2d 736 (1980)

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Plaintiff, v. GALLOS PLASTICS CORPORATION, Husky Injection Molding Systems, Ltd., and Aetna Insurance Company, Defendants.

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Tuggle, Duggins, Meschan, Thornton & Elrod by Kenneth R. Keller, Greensboro, for plaintiff-appellee.

Whiting, Horton & Hendrick by Philip B. Whiting and Hamilton C. Horton, Jr., Winston-Salem, for defendant-appellant Gallos.


ARNOLD, Judge.

We find no error in the trial court's interpretation of the policy here. The clause which grants coverage reads in pertinent part:

I. COVERAGE C—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies... arising out of the ... use of the insured...

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