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INS. CO. OF N. AMER. v. AETNA LIFE & CAS.

No. 8721SC468.

362 S.E.2d 836 (1987)

INSURANCE COMPANY OF NORTH AMERICA, v. AETNA LIFE AND CASUALTY COMPANY, Bobby D. Brown, DDM, Inc., d/b/a Dollar Rent-A-Car, Kenneth Lane Garganus, Janice Tripp Garganus, Nationwide Mutual Insurance Company, Herbert D. Sluder, Administrator of the Estate of Michelle Lynne Sluder, Ulysee Ware, Norman T. Williams, and David Yates.

Court of Appeals of North Carolina.

December 22, 1987.

Attorney(s) appearing for the Case

Petree Stockton & Robinson by W. Thompson Comerford, Jr., and Jane C. Jackson, Winston-Salem, for plaintiff-appellant.

Price and Smith by Wm. Benjamin Smith, Charlotte, for defendant-appellee Bobby D. Brown.

Henson Henson Bayliss & Coates by Paul D. Coates and Perry C. Henson, Greensboro, for defendant-appellee Nationwide.

Hutchins, Tyndall, Doughton & Moore by Richard Tyndall and Kent L. Hamrick, Winston-Salem, for defendant-appellee David Yates.

Holmes & McLaurin by R. Edward McLaurin, Jr., Pittsboro, for defendant-appellee Herbert D. Sluder, Adm'r of the Estate of Michelle Lynne Sluder.

Womble Carlyle Sandridge & Rice by Reid C. Adams, Jr., Winston-Salem, for defendant-appellee Aetna Life and Cas. Co.

MARTIN, Judge.

This appeal confronts us with two issues: (1) was Ware driving the rental automobile with either the express or implied permission of the named insured, Dollar, so as to be an "insured" under the terms of INA's policy; and, (2) if not, was Ware in "lawful possession" of the rental automobile so as to be within the coverage required by G.S. 20-281 and G.S. 20-279.21. We conclude that Ware had neither Dollar's express permission to operate the car nor...

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