NATIONWIDE MUT. INS. CO. v. TAYLOR

No. 8125SC163.

284 S.E.2d 532 (1981)

NATIONWIDE MUTUAL INSURANCE COMPANY v. Junior Rex TAYLOR; Sharon Lajoy Little, Individually; Sharon Lajoy Little, Administratrix of the Estate of Divette Lajoy Lineberger, Linda Misher McCleave, Individually; and Linda Misher McCleave, Administratrix of the Estate of Melvin Lee McCleave.

Court of Appeals of North Carolina.

December 1, 1981.


Attorney(s) appearing for the Case

Patrick, Harper & Dickson by Stephen M. Thomas, Hickory, Petree, Stockton, Robinson, Vaughn, Glaze & Maready by James H. Kelly, Jr., and Michael L. Robinson, Winston-Salem, for plaintiff-appellant.

Corne & Pitts by Stanley J. Corne, Newton, for defendants-appellees.


WHICHARD, Judge.

The sole question is whether the trial court correctly concluded that the 1971 Chevrolet Monte Carlo owned by Linda McCleave and involved in a collision while being operated by her husband, Melvin McCleave, was a "temporary substitute automobile" as defined in a policy of liability insurance issued by plaintiff to Melvin McCleave, so as to afford excess coverage of the collision under that policy. We hold that it did.

Plaintiff entered a contract...

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