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HARLEYSVILLE MUT. v. ZURICH-AMERICAN INS.

No. COA02-720.

578 S.E.2d 701 (2003)

HARLEYSVILLE MUTUAL INSURANCE COMPANY, Plaintiff, v. ZURICH-AMERICAN INSURANCE COMPANY and St. Paul Fire and Marine Insurance Company, Defendants.

Court of Appeals of North Carolina.

April 15, 2003.

Attorney(s) appearing for the Case

Pinto Coats Kyre & Brown, PLLC, by David L. Brown and John I. Malone, Jr., Greensboro, for plaintiff-appellant.

Bailey & Thomas, P.A., by David W. Bailey, Jr. and John R. Fonda, Winston-Salem, for defendant-appellee St. Paul Fire and Marine Insurance Company.

TYSON, Judge.

I. Background

On 12 July 1999, an employee of Briggs, Inc. d/b/a Briggs & Sons Tire ("Briggs") was test driving a car owned by Frank Consolidated Enterprises, Inc. d/b/a Wheels, Inc. ("Wheels, Inc.") and leased to Nationwide Mutual Insurance Company ("Nationwide") when he collided with an automobile owned and operated by Helen Harris. Harris sustained injuries as a result of the accident and filed a lawsuit against Briggs, Wheels...

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