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N.C.App.1 COURT OF APPEALS 209
Insurance Co. v. Bullock
Allegedly, Pauline was the driver of an automobile owned by
Bertha Poole Bartlett when an accident occurred resulting in
the death of defendant Whitley's intestate and injury to defend-ant
Mercer. Plaintiff filed this action seeking judgment declar-ing
the rights of the parties with respect to the policy of
insurance issued to Wade Bullock.
Plaintiff's motion for summary judgment was allowed.
Judgment was entered declaring that as to the accident in ques-tion
Pauline Bullock was not entitled to coverage under the pol-icy
issued to her husband and that plaintiff has no liability to
defendants Whitley and Mercer.
Battle, Winslow, Scott & Wiley, P.A. by J. B. Scott; Robert
R. Gardner, Regional Claims Attorney, attorneys for plaintiff
appellee.
Nut-ron, Holdford, Babb & Harnkon by William H. HoM-ford
and Henrzj C. Babb, Jr.; Fawis, Thomas & Farris bg
Allen G. Thomas, attorneys for defendant appellants.
VAUGHN, Judge.
On plaintiff's motion for summary judgment the court
considered the pleadings, stipulations and depositions of Pauline
Bullock and Bertha Pool Bartlett, the operator and owner respec-tively
of the vehicle involved in the accident.
Under the terms of the policy issued to Pauline Bullock's
husband, Pauline's liability for the accident in question was
not insured if the vehicle owned by Bertha Poole Bartlett was
furnished for her regular use. Plaintiff's motion for summary
judgment should not have been granted if there existed a gen-uine
question of fact material to this issue.
The documents before the trial judge can be fairly said to
establish the following as uncontroverted facts. Pauline Bullock
lives with her husband, Wade, who purchased the policy in
question and owns a motor vehicle. Bertha Poole Bartlett is
Pauline's aunt. She is physically unable to operate a motor vehi-cle.
One of her legs has been removed, her physical condition is
poor, and it is necessary for her to have someone take her for
the medical treatments she receives at various facilities. About
June 1971, she bought the car which was involved in the acci-dent.
Two or three weeks after Bartlett bought the vehicle, it
was delivered to Pauline who kept it at her residence from that
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 31.9 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 237 |
| Full Text | N.C.App.1 COURT OF APPEALS 209 Insurance Co. v. Bullock Allegedly, Pauline was the driver of an automobile owned by Bertha Poole Bartlett when an accident occurred resulting in the death of defendant Whitley's intestate and injury to defend-ant Mercer. Plaintiff filed this action seeking judgment declar-ing the rights of the parties with respect to the policy of insurance issued to Wade Bullock. Plaintiff's motion for summary judgment was allowed. Judgment was entered declaring that as to the accident in ques-tion Pauline Bullock was not entitled to coverage under the pol-icy issued to her husband and that plaintiff has no liability to defendants Whitley and Mercer. Battle, Winslow, Scott & Wiley, P.A. by J. B. Scott; Robert R. Gardner, Regional Claims Attorney, attorneys for plaintiff appellee. Nut-ron, Holdford, Babb & Harnkon by William H. HoM-ford and Henrzj C. Babb, Jr.; Fawis, Thomas & Farris bg Allen G. Thomas, attorneys for defendant appellants. VAUGHN, Judge. On plaintiff's motion for summary judgment the court considered the pleadings, stipulations and depositions of Pauline Bullock and Bertha Pool Bartlett, the operator and owner respec-tively of the vehicle involved in the accident. Under the terms of the policy issued to Pauline Bullock's husband, Pauline's liability for the accident in question was not insured if the vehicle owned by Bertha Poole Bartlett was furnished for her regular use. Plaintiff's motion for summary judgment should not have been granted if there existed a gen-uine question of fact material to this issue. The documents before the trial judge can be fairly said to establish the following as uncontroverted facts. Pauline Bullock lives with her husband, Wade, who purchased the policy in question and owns a motor vehicle. Bertha Poole Bartlett is Pauline's aunt. She is physically unable to operate a motor vehi-cle. One of her legs has been removed, her physical condition is poor, and it is necessary for her to have someone take her for the medical treatments she receives at various facilities. About June 1971, she bought the car which was involved in the acci-dent. Two or three weeks after Bartlett bought the vehicle, it was delivered to Pauline who kept it at her residence from that |
