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ERNIE'S TIRE SALES & SERVICE v. RIGGS

No. 9112SC583.

417 S.E.2d 75 (1992)

106 N.C. App. 460

In the Matter of ERNIE'S TIRE SALES & SERVICE, Plaintiff, v. Richard Joe RIGGS, Defendant. LLOYDS OF LONDON and Strickland Insurance Brokers, Plaintiffs, v. Ernest NORTON, Jr., d/b/a Ernie's Tire Sales and Service, Defendant.

Court of Appeals of North Carolina.

June 16, 1992.

Attorney(s) appearing for the Case

Walen & McEniry, P.A. by James M. Walen, Fayetteville, for plaintiff-appellant.

Anderson, Broadfoot, Johnson, Pittman & Lawrence by John H. Anderson, II, for Fayetteville, defendants-appellees, Richard Joe Riggs and Lloyds of London and Strickland Insurance Brokers.

WYNN, Judge.

On 6 January 1987, Richard Joe Riggs' 1985 BMW was stolen; he reported the theft to the Raleigh Police Department. The residential address of Riggs listed with the Division of Motor Vehicles (DMV) was in Clayton, but Riggs' address at the time of the theft was actually in Raleigh.

Also at the time of the theft, Lloyds of London, by and through Strickland Insurance Brokers, had $30,000 of insurance coverage on said theft, even though the BMW was...

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