PROGRESSIVE v. GEICO

No. COA06-528.

637 S.E.2d 282 (2006)

PROGRESSIVE AMERICAN INSURANCE COMPANY, INC., Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Geico Indemnity Company, Geico Casualty Company, Defendants.

Court of Appeals of North Carolina.

December 5, 2006.


Attorney(s) appearing for the Case

Teague, Rotenstreich & Stanaland, LLP, by Paul A. Daniels, Greensboro, for plaintiff appellees.

Morris York Williams Surles & Barringer, LLP, by L. Stephen Kushner and Keith B. Nichols, Charlotte, for defendant appellants.


McCULLOUGH, Judge.

Defendants appeal from order granting plaintiff's motion for summary judgment. We affirm.

FACTS

On or about 19 February 2002, Progressive American Insurance Company ("plaintiff") issued a policy of insurance to Windy Howell ("Howell"). The policy issued by plaintiff to Howell provided that, if Howell obtained other insurance on her automobile, the policy would terminate on the effective date of the other insurance. On or...

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