McLEAN TRUCKING v. OCCIDENTAL FIRE & CAS. CO.

No. 8410SC188.

324 S.E.2d 633 (1985)

McLEAN TRUCKING COMPANY v. OCCIDENTAL FIRE & CASUALTY COMPANY OF NORTH CAROLINA and Garland L. Wright.

Court of Appeals of North Carolina.

January 15, 1985.


Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by John R. Edwards and J. Anthony Penry, Raleigh, for plaintiff.

Moore, Ragsdale, Liggett, Ray & Foley, P.A., by Peter M. Foley and Robert H. Merritt, Jr., Raleigh, for defendant.


WELLS, Judge.

The sole issue in this appeal is whether, as a matter of law, defendant Wright was using his tractor trailer "in the business of any person or organization to whom the automobile is rented" when he collided with another vehicle after leaving plaintiff's terminal in Laurinburg, North Carolina en route to his home in Broadnax, Virginia. If defendant Wright was "in the business of" plaintiff, defendant Occidental's automobile liability insurance policy...

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