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PROGRESSIVE v. STATE FARM

No. COA06-1032.

647 S.E.2d 111 (2007)

PROGRESSIVE AMERICAN INSURANCE COMPANY and Timothy Dassinger, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Theresa Dassinger, Tami Phillips, and James Stokely, Defendants.

Court of Appeals of North Carolina.

July 17, 2007.

Attorney(s) appearing for the Case

Young Moore and Henderson P.A., by Brian O. Beverly, Raleigh, for Plaintiffs-Appellants.

Hall, Rodgers, Gaylord & Millikan, PLLC, by Kathleen M. Millikan and Jonathan E. Hall, Cary, for Defendants-Appellees State Farm Mutual Insurance Company and Theresa Dassinger.

STEPHENS, Judge.

On or about 11 January 2003, Defendant State Farm Mutual Automobile Insurance Company ("State Farm") issued a personal automobile insurance policy to Defendant Theresa Dassinger covering her 1993 Mazda automobile ("the Mazda"). The State Farm policy period was from 11 January 2003 through 31 August 2003. In March 2003, Theresa Dassinger gave the Mazda to her son, Plaintiff Timothy Dassinger, as a gift. Although Timothy Dassinger took possession of...

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