FARM BUREAU MUT. INS. CO. v. SMITH

No. COA12-1442.

743 S.E.2d 647 (2013)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Phillip E. SMITH, Claude Savage, Jr., Marcella R. Savage, Charlotte Blair Savage, a minor, and State Farm Mutual Automobile Insurance Company, Defendants.

Court of Appeals of North Carolina.

May 21, 2013.


Attorney(s) appearing for the Case

Caudle & Spears, P.A., Charlotte, by Harold C. Spears and Christopher P. Raab , for Plaintiff.

Lewis Law Firm, LLC, by Bryan Sanchez, Esq. , for Defendants Claude Savage, Jr., Marcella R. Savage, and Charlotte Blair Savage.


DILLON, Judge.

Defendants Claude and Marcella Savage, and their minor daughter, Charlotte Savage (collectively, the Savages), appeal from the trial court's order granting summary judgment in favor of North Carolina Farm Bureau Mutual Insurance Company (Farm Bureau). We affirm.

I. Factual & Procedural Background

On 14 April 2007, Phillip Smith (Phillip) was operating a motor vehicle owned by his then-wife, Samantha Smith (Samantha), and insured...

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