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GREAT AMERICAN INS. CO. v. ALLSTATE INS. CO.

No. 8510SC729.

338 S.E.2d 145 (1986)

GREAT AMERICAN INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY, Terry Tilley Eaton, Patsy Crabtree Clayton, Tommy Farr Clayton, Thomas Charles Wale, Sean Thomas Wale, Peggy Holloway and Alene Holloway.

Court of Appeals of North Carolina.

January 7, 1986.

Attorney(s) appearing for the Case

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Dan M. Hartzog and Theodore B. Smyth, Raleigh, for plaintiff-appellee.

Boyce, Mitchell, Burns & Smith, P.A. by Robert E. Smith, Raleigh, for defendants-appellants.

WELLS, Judge.

The essential facts surrounding the collision are not at issue in this case. The determinative question is whether at the time of the collision Sean Wale was a resident of his father Thomas Wale's household. The trial court, in effect, answered that question in the affirmative, ruling that the Allstate liability coverage applied and that the Great American uninsured motorist coverage was not applicable. We reverse and remand.

The Allstate policy...

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