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STATE CAPITAL INS. CO. v. NATIONWIDE MUT. INS. CO.

No. 89PA86.

350 S.E.2d 66 (1986)

STATE CAPITAL INSURANCE COMPANY v. NATIONWIDE MUTUAL INSURANCE COMPANY, and Howard E. Anderson and Paula C. Anderson, and Milton Louis McKinnon.

Supreme Court of North Carolina.

November 18, 1986.

Attorney(s) appearing for the Case

Young, Moore, Henderson & Alvis, P.A. by R. Michael Strickland and A. Bradley Shingleton, Raleigh, for plaintiff-appellant State Capital Ins. Co.

Moore, Ragsdale, Liggett, Ray & Foley, P.A. by Peter M. Foley and Kurt E. Lindquist II, Raleigh, for defendant-appellant Nationwide Mut. Ins. Co.

Manning, Fulton & Skinner by John B. McMillan and Charles E. Nichols, Jr., Raleigh, for defendant-appellees Howard E. Anderson and Paula C. Anderson.

FRYE, Justice.

The issue in this case is whether liability for personal injuries suffered by a third party when a rifle accidently discharged while being removed by insured from a motor vehicle is covered by insured's automobile liability insurance policy or his homeowners liability insurance policy, or both. Under the facts presented in the instant case, we hold that coverage is provided by both policies.1 We thus affirm the decision...

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