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SMITH v. USAA CAS. INS. CO.

No. COA17-1080.

819 S.E.2d 610 (2018)

Edward R. SMITH and Archie N. Smith, by and through his Guardian ad Litem, Jennie L. Smith, Plaintiffs, v. USAA CASUALTY INSURANCE COMPANY, Erie Insurance Company, Zurich American Insurance Company, Universal Underwriters Insurance Company, Valley Auto World, Inc. and the Estate of John Pinto, Jr., Defendants.

Court of Appeals of North Carolina.

Filed: August 21, 2018.

Attorney(s) appearing for the Case

Van Camp, Meacham & Newman, PLLC, Pinehurst, by Thomas M. Van Camp , for plaintiffs-appellees.

Martineau King PLLC, Charlotte, by Elizabeth A. Martineau and Lee M. Thomas , for defendant-appellee Erie Insurance Company.

Gallivan, White, & Boyd, P.A., Charlotte, by James M. Dedman, IV , for defendant-appellant Universal Underwriters Insurance Company.

On 30 April 2016, John Pinto, Jr. sought to purchase a vehicle from Valley Auto World ("VAW"), a car dealership in Fayetteville, North Carolina. Although the sales documents listed VAW as the seller of the vehicle, the actual owner was a separate entity, VW Credit Leasing, Ltd. ("VW Credit"). Later that evening, Pinto was killed in...

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