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FORTUNE INS. CO. v. OWENS

No. 154PA99.

526 S.E.2d 463 (2000)

FORTUNE INSURANCE COMPANY v. Gary Edgar OWENS, Johna R. Hart, Louis L. Gilmore.

Supreme Court of North Carolina.

April 7, 2000.

Attorney(s) appearing for the Case

Kurdys & Lovejoy, P.A., by Jeffrey S. Bolster, Charlotte, for plaintiff-appellee.

Price, Smith, Hargett, Petho & Anderson, P.A., by Wm. Benjamin Smith, Charlotte, for defendant-appellants Johna Hart and Louis Gilmore.

PARKER, Justice.

This action arose out of a motor vehicle accident that occurred in Mecklenburg County, North Carolina, on 29 January 1990 when a vehicle, owned and operated by Gary Edgar Owens (Owens) struck a motor vehicle driven by Louis L. Gilmore and occupied by Johna R. Hart (defendants). That vehicle was owned by a third party and was not insured. At the time of the accident, Owens was insured under a policy of insurance issued by Fortune Insurance Company...

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