AETNA CAS. & SUR. v. NATIONWIDE MUT.

No. 895SC182.

381 S.E.2d 874 (1989)

AETNA CASUALTY & SURETY COMPANY, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, William T. Sawyer, Jr., John William Slater, Jr., and Ralph Landon McLean, Defendants.

Court of Appeals of North Carolina.

August 15, 1989.


Attorney(s) appearing for the Case

Poisson, Barnhill & Britt by James R. Sugg, Jr., Wilmington, for plaintiff.

Murchison, Taylor, Kendrick, Gibson & Davenport by Vaiden P. Kendrick, Wilmington, for defendants Nationwide Mut. Ins. Co. and Ralph Landon McLean.


ORR, Judge.

On 3 October 1986, an auto collision occurred between John Slater and Ralph McLean. At the time, Slater was driving a truck owned by William Sawyer. Sawyer's truck was insured for liability through Aetna Casualty & Surety Company (Aetna). McLean filed an action against Slater for damages which he sustained in the crash.

Thereafter, Aetna filed this declaratory judgment action. Its complaint states that Slater is not an insured motorist under...

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