N.C. FARM BUREAU MUT. INS. v. PERKINSON

No. COA99-1097.

535 S.E.2d 405 (2000)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Carl R. PERKINSON, Executor of the Estate of Milton Perkinson, Carl R. Perkinson, Executor of the Estate of Mary Perkinson, Leon Perkinson, Bess Perkinson, Linda Roberts, Administratrix of the Estate of Tommy Roberts, Auto Owners Mutual Insurance Company, Kemper Insurance Company, aka Lumbermen's Mutual Casualty Company, State Capital Insurance Company, Mary Breeden and Billy Breeden, Defendants.

Court of Appeals of North Carolina.

September 19, 2000.


Attorney(s) appearing for the Case

Haywood, Denny & Miller, L.L.P., by Robert E. Levin, Durham, for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by R. Scott Brown and Michael J. Byrne, Raleigh, for defendant-appellee Kemper Insurance Company, aka Lumbermen's Mutual Casualty Company.


LEWIS, Judge.

On 20 July 1997, an automobile driven by defendant Billy Breeden struck an automobile owned by defendant Bess Perkinson and being driven by her husband, defendant Leon Perkinson. At the time of the accident there were three other passengers in the automobile driven by defendant Leon Perkinson: (1) Bess Perkinson, (2) Milton Perkinson and his wife, (3) Mary. Milton and Mary Perkinson died in the accident; their respective estates are named as defendants...

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