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INTEGON NAT. INS. CO. v. VILLAFRANCO

No. COA13-82.

745 S.E.2d 922 (2013)

INTEGON NATIONAL INSURANCE COMPANY, Plaintiff, v. Elizabeth Christina VILLAFRANCO, Ramses Vargas, by and through his Guardian ad Litem Donald S. Higley, Tyler Wick, by and through his Guardian ad Litem Ashley Coley, Gary Sly and Hunter Eugene Strickland, by and through their Guardian ad Litem Richard Griffin, and Christopher Cole Williams, by and through his Guardian ad Litem Jaime Moles, Defendants.

Court of Appeals of North Carolina.

August 6, 2013.

Attorney(s) appearing for the Case

Bennett & Guthrie, P.L.L.C., Winston-Salem, by Rodney A. Guthrie and Kimberly S. Shipley , Greensboro, for plaintiff-appellant.

Hardee & Hardee, LLP, by Charles R. Hardee and Moulton B. Massey, IV , for defendant-appellees.

STEELMAN, Judge.

Where the plain language of the auto insurance policy provides coverage to the driver of the covered vehicle, the insurance carrier is liable for injuries to passengers for which that driver is legally responsible. Where there is no evidence in the record showing that an additional driver would have increased the premiums for the policy of insurance, there can be no material misrepresentation.

I. Factual and Procedural Background<...

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