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CARTNER v. NATIONWIDE MUT. FIRE INS. CO.

No. COA95-1092.

472 S.E.2d 389 (1996)

David CARTNER, Ancillary Administrator of the Estate of Dianne Arthur, Plaintiff-Appellee, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of North Carolina.

July 16, 1996.

Attorney(s) appearing for the Case

Elmore, Elmore & Williams, P.A. by Bruce A. Elmore, Jr. and Cynthia L. Cooke, Asheville, for plaintiff-appellee.

Ball Barden Contrivo & Bell, P.A., by Frank J. Contrivo and Benjamin R. Olinger, Jr., Asheville, for defendant-appellant.

WALKER, Judge.

On 5 June 1994, plaintiff's decedent, Dianne Arthur, was killed when the vehicle in which she was a passenger went out of control on a rural road in Haywood County, North Carolina. At the time of the accident, the vehicle was being driven by Dianne Arthur's husband, Jerome S. Arthur. Plaintiff filed an action for a declaratory judgment holding defendant liable to Dianne Arthur's estate under an insurance policy covering the vehicle. Defendant admitted...

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