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DRYE v. NATIONWIDE MUT. INS. CO.

No. COA96-751.

487 S.E.2d 148 (1997)

Ronnie Eugene DRYE and Cindy Drye, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

July 15, 1997.

Attorney(s) appearing for the Case

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by Hatcher Kincheloe and Stacy T. Miller, Charlotte, for plaintiffs-appellants.

Templeton & Raynor, P.A. by Kenneth R. Raynor and Marcey P. Rose, Charlotte, for defendant-appellee.

McGEE, Judge.

Plaintiffs appeal from a dismissal of their complaint pursuant to N.C.R. Civ. P. 12(b)(6). The appeal concerns the proper construction of a business automobile insurance policy.

Plaintiffs' allegations are as follows. On 28 December 1989, an automobile collision occurred involving Paul Wayne Dutton, Jr. and Ronnie Eugene Drye in which Drye suffered extensive injuries. The 1989 Pontiac passenger automobile...

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