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McMILLIAN v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE CO.

No. COA96-383.

480 S.E.2d 437 (1997)

Douglas H. McMILLIAN and Margaret S. McMillian, Plaintiffs v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, and Allstate Insurance Company, Defendants.

Court of Appeals of North Carolina.

February 4, 1997.

Attorney(s) appearing for the Case

Robert S. Hodgman and Associates by Robert S. Hodgman, Greensboro, for plaintiffs-appellants.

Henson & Henson, L.L.P. by Perry C. Henson, Jr. and Rachel Scott Decker, Greensboro, for defendant-appellee North Carolina Farm Bureau Mutual Insurance Company.

Smith Helms Mulliss & Moore, L.L.P. by Stephen P. Millikin, Greensboro, for defendant appellee Allstate Insurance Company.

SMITH, Judge.

This is a declaratory judgment action wherein the insurance companies involved seek to determine their obligations arising out of an automobile accident. On 2 April 1990 plaintiff Douglas H. McMillian was injured in an automobile accident in the course and scope of his employment. Plaintiff was a passenger in a car driven by James Laymond Boswell, a fellow employee. Mr. Boswell's vehicle collided with an automobile driven by Emanuel Canty, Jr., on North...

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