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ODUM v. NATIONWIDE MUT. INS. CO.

No. 9016SC290.

401 S.E.2d 87 (1991)

101 N.C. App. 627

Levata ODUM, Administratrix of the Estate of Arnetta McPhaul, Deceased and Betty O. Mangum, and Jerry Clifford Oxendine, Co-executors of the Estate of Clifton Oxendine, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company, Defendants.

Court of Appeals of North Carolina.

February 19, 1991.

Attorney(s) appearing for the Case

Musselwhite, Musselwhite & McIntyre by James W. Musselwhite and David F. Branch, Jr., Lumberton, for plaintiff-appellee Levata Odum.

H. Mitchell Baker, III and William S. Britt, Lumberton, for plaintiff-appellee Estate of Clifton Oxendine.

LeBoeuf, Lamb, Leiby & MacRae by Kurt E. Lindquist II, Raleigh, for defendants-appellants.

JOHNSON, Judge.

This action arises out of an auto accident which occurred on 16 June 1987 when a car driven by Robert McPhaul, husband of the insured, Arnetta McPhaul, crossed the center line and collided with a car driven by Clifton Oxendine. Mrs. McPhaul was a passenger in the car driven by Robert. Both Arnetta McPhaul and Clifton Oxendine died of injuries sustained in the wreck. Following Nationwide's denial of coverage, plaintiffs brought suit to collect under...

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