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BELLEFONTE UNDERWRITERS v. ALFA AVIATION

No. 823SC441.

300 S.E.2d 877 (1983)

BELLEFONTE UNDERWRITERS INSURANCE COMPANY v. ALFA AVIATION, INC., William Axson Smith, Jr., Mary Jo Beck, Donna Stocks, William T. Taylor, and J.D. Dawson Company.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Maupin, Taylor & Ellis by Thomas W.H. Alexander and M. Keith Kapp, Raleigh, for plaintiff-appellant.

Taft, Taft & Haigler by Kenneth E. Haigler and Thomas F. Taft, Greenville, for defendant-appellee Alfa Aviation, Inc.

James, Hite, Cavendish & Blount by M.E. Cavendish and Charles R. Hardee, Greenville, for defendant-appellee William Axson Smith, Jr.

Williamson, Herrin, Stokes & Heffelfinger by Ann J. Heffelfinger, Greenville, for defendant-appellee Mary Jo Beck.

Dixon, Horne & Duffus by John D. Duffus, Jr., Greenville, for defendant-appellee Donna Stocks.

Speight, Watson & Brewer by William C. Brewer, Jr., Greenville, for defendant-appellee J.D. Dawson Co.

BRASWELL, Judge.

The controlling question before us is whether the trial court erred in ruling as a matter of law that defendants were entitled to recovery under the terms of the insurance policies in question. For the reasons stated below, we reverse that ruling. Summary judgment should have been granted for plaintiff and defendants' motion should have been denied.

This action results from an airplane accident, occurring on 20 June 1978, in which the insured...

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