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SOUTHERN FIRE & CAS. CO. v. KIRBY'S GARAGE

No. COA02-1539.

590 S.E.2d 1 (2004)

SOUTHERN FIRE & CASUALTY COMPANY, Plaintiff, v. KIRBY'S GARAGE, INC., d/b/a Kirby's Towing, Defendant.

Court of Appeals of North Carolina.

January 6, 2004.

Attorney(s) appearing for the Case

Hedrick, Blackwell & Morton, L.L.P., by B. Danforth Morton, Wilmington, for plaintiff-appellant.

No brief filed on behalf of defendant-appellee.

EAGLES, Chief Judge.

This appeal arises from an action for declaratory judgment to construe the terms of an insurance policy.

The record tends to establish the following facts: On 18 December 1996, Southern Fire & Casualty Company ("Southern") issued a commercial auto insurance policy to Kirby's Garage, Inc. ("Kirby's"), covering seven tow trucks. On 23 June 1997, during the coverage period of the policy, one of Kirby's tow

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