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WILSON v. STATE FARM MUT. AUTO. INS. CO.

No. 45PA89.

394 S.E.2d 807 (1990)

327 N.C. 419

James Eugene WILSON, Jeannette Wilson by her guardian ad litem, Ronald J. Short, and Christopher Wilson by his guardian ad litem, Ronald J. Short v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and North Carolina Farm Bureau Mutual Insurance Company.

Supreme Court of North Carolina.

August 29, 1990.

Attorney(s) appearing for the Case

William Z. Wood, Jr., Winston-Salem, for plaintiffs-appellees.

Hutchins, Tyndall, Doughton & Moore by Richard Tyndall and Laurie L. Hutchins, Winston-Salem, for defendant-appellee State Farm Mut. Auto. Ins. Co.

Petree Stockton & Robinson by Richard J. Keshian, Winston-Salem, for defendant-appellant North Carolina Farm Bureau Mut. Ins. Co.

Nichols, Caffrey, Hill, Evans & Murrelle by Paul D. Coates, Greensboro, for Nat. Ass'n of Independent Insurers, amicus curiae.

Smith Helms Mulliss & Moore by Douglas W. Ey, Jr. and L.D. Simmons, II, Charlotte, for Royal Ins. Co. of America, Jefferson-Pilot Fire & Cas. Co., North Carolina Ass'n of Defense Attorneys and American Ins. Ass'n, amici curiae.

WEBB, Justice.

Defendant first argues that there was not sufficient evidence to submit either of the issues to the jury. N.C.G.S. § 20-279.21(b)(2) provides in part:

(b) Such owner's policy of liability insurance: .... (2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such...

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