EATMAN LEASING v. EMPIRE FIRE & MARINE

No. COA00-571.

550 S.E.2d 271 (2001)

EATMAN LEASING, INC. and Russell O. Leitch, Sr., Plaintiffs-Appellees, v. EMPIRE FIRE & MARINE INSURANCE COMPANY, Defendant-Appellant, and Douglas W. Shipley, Defendant-Appellee.

Court of Appeals of North Carolina.

August 7, 2001.


Attorney(s) appearing for the Case

Poyner & Spruill, LLP., by Randall R. Adams, Rocky Mount, for Plaintiff-Appellee Eatman Leasing, Inc.

Marshall, Williams, & Gorham, LLP., by W. Robert Cherry, Jr., Wilmington, for Plaintiff-Appellee Leitch.

McGuire, Woods, Battle & Boothe, LLP., by Kurt E. Lindquist, II and Arden Lynn Achenberg, Charlotte, for Defendant-Appellant.

Thompson, Smyth & Cioffi, LLP., by Theodore B. Smyth, Raleigh, for Defendant-Appellee Shipley.


BRYANT, Judge.

Empire Fire & Marine Insurance Company (Empire) issued four business auto policies (two primary and two excess) to Eatman Leasing which were in effect on 11 January 1997. On that date, Plaintiff Russell O. Leitch, Sr. and Defendant Douglas W. Shipley, were involved in an automobile accident. The vehicle driven by Leitch was owned by Eatman Leasing. Eatman Leasing was in the business of leasing, renting and selling automobiles. Leitch was traveling...

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