SOUTH CAROLINA INS. CO. v. SMITH

No. 835SC635.

313 S.E.2d 856 (1984)

SOUTH CAROLINA INSURANCE COMPANY v. Marvin B. SMITH, and W.L. Gore.

Court of Appeals of North Carolina.

April 17, 1984.


Attorney(s) appearing for the Case

Walton, Fairley & Jess by Ray H. Walton, Southport, for defendant-appellant Smith.

David Rock Whitten, Wilmington, for defendant-appellant Gore.

Marshall, Williams, Gorham & Brawley by William Robert Cherry, Jr., Wilmington, for plaintiff-appellee.


VAUGHN, Chief Judge.

In order to determine whether summary judgment was properly granted plaintiff insurer, we must examine the effect of North Carolina's Financial Responsibility Act on an employee exclusion clause in an automobile liability policy. Plaintiff argues that the employee exclusion clause contained in the "Personal Auto Policy" it issued to defendant Gore relieves it of any liability under the policy arguably arising from the accident in question. Defendants...

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