Nationwide Mutual Insurance v. Land

337 S.E.2d 180, 78 N.C. App. 342, 1985 N.C. App. LEXIS 4299
CourtCourt of Appeals of North Carolina
DecidedDecember 17, 1985
DocketNo. 8517SC161
StatusPublished
Cited by4 cases

This text of 337 S.E.2d 180 (Nationwide Mutual Insurance v. Land) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nationwide Mutual Insurance v. Land, 337 S.E.2d 180, 78 N.C. App. 342, 1985 N.C. App. LEXIS 4299 (N.C. Ct. App. 1985).

Opinion

MARTIN, Judge.

The ultimate issue to be decided in this appeal is whether Nationwide’s policy issued to NCNB affords coverage to Archie Roland Talley for liability incurred while he was operating an automobile owned by NCNB. The answer to that issue depends upon whether Talley was operating the automobile as NCNB’s lessee, so as to be within coverage required by G.S. 20-281, or with NCNB’s permission, so that he would be an “insured” within the provisions of the policy itself. For the reasons which follow, we conclude that Talley was neither a lessee nor an insured. Accordingly, we reverse the judgment of the trial court.

From the stipulations of the parties, and the evidence presented at trial, the trial judge found the following pertinent facts: On 7 December 1979, Talley leased the 1979 Chrysler automobile from NCNB for a period of three years. The lease provided for a monthly rental fee to be paid by Talley and required that he maintain insurance, including liability insurance, on the automobile. The lease provided that a breach of either of these conditions, as well as the occurrence of other specified events, would constitute “events of default.” Upon the occurrence of an “event of default” NCNB had a right to terminate the lease without releasing Talley from any of his obligations thereunder, and to demand and receive immediate possession of the automobile.

Talley made four rental payments on the automobile, paying the monthly rental fee through February, 1980. Talley also procured a policy of insurance on the vehicle from another insurance company, however he did not pay the required premium and his insurance policy was cancelled in June, 1980, effective 15 May 1980.

In March, 1980, NCNB became aware that Talley was being sought by law enforcement officials for a felony allegedly com[345]*345mitted in South Carolina. Due to that information and to Talley’s default in the payment of rental for March, 1980, NCNB undertook to try and locate Talley and the vehicle. On 28 March 1980 NCNB was informed by Talley’s employer that Talley had quit his job and left Winston-Salem. NCNB then contacted the Automobile Recovery Bureau in Atlanta for assistance in locating Talley and repossessing the automobile. On 2 April 1980 NCNB sent a letter to Talley at his address in Winston-Salem, which was shown in the lease. The letter, stipulated into evidence, advised Talley that he was in default, demanded payment of the balance due and demanded that he surrender “any collateral which secured the account above identified.” NCNB also contacted Talley’s former wife and others who knew him in South Carolina and in Georgia, and relayed information obtained from those contacts to the Automobile Recovery Bureau in Atlanta. On 25 July 1980 the Recovery Bureau notified NCNB that they had been unable to locate Talley or the automobile. On 20 August 1980 NCNB obtained a warrant, in Forsyth County, for Talley’s arrest. The warrant alleged that Talley had obtained possession of the Chrysler automobile by fraud, in violation of G.S. 20-106.1. NCNB did not contact any law enforcement agency other than in Forsyth County relative to Talley or the automobile.

When the automobile was leased, NCNB caused it to be titled and registered with the North Carolina Department of Motor Vehicles in NCNB’s name. On 12 April 1981, Talley was operating the 1979 Chrysler in South Carolina and collided with a vehicle occupied by Land and Pruitt. At the time of the collision, the 1979 Chrysler displayed a current North Carolina license plate and inspection sticker and Talley was in possession of a current registration card identifying NCNB as the owner of the automobile. The car had not been reported as a stolen vehicle in South Carolina.

Both Land and Pruitt commenced actions against Talley in the Court of Common Pleas of Horry County, South Carolina, alleging that they suffered personal injuries as a result of Talley’s negligent operation of the 1979 Chrysler automobile. Lumbermens Mutual Casualty Company provided uninsured motorist coverage to them.

Upon those facts, the trial court concluded, inter alia:
[346]*3466. At the time of the accident on April 12, 1981, Archie Roland Talley was a lessee of NCNB, operating the 1979 Chrysler automobile as a member of the public subject to and within the meaning of G.S. § 20-181.
7. Nationwide is required by G.S. § 20-181 to provide insurance coverage, up to the face amount of Nationwide’s policy 61-GA-640-273-0002 ($500.00 [sic] for bodily injury/$250,000 for property damage) for liability imposed by law for bodily injury or property damage arising out of the operation of the 1979 Chrysler automobile by Archie Roland Talley, specifically including personal injury and property damage sustained by Ronnie Wayne Lane [sic] and Jessie H. Pruitt.
8. Archie Roland Talley had initial permission from NCNB to operate the 1979 Chrysler automobile.
9. NCNB was insufficiently aggressive in seeking to recover the 1979 Chrysler automobile and allowed the vehicle to be registered with the North Carolina Department of Motor Vehicles and display a current safety inspection sticker for year 1981.
10. NCNB’s course of conduct constitutes mutual acquiescence or lack of objection signifying assent to the operation of the 1979 Chrysler automobile by Archie Roland Talley at the time of the accident on April 12, 1981.
11. NCNB’s efforts were ineffective to revoke initial permission to Archie Roland Talley to operate the 1979 Chrysler automobile on April 12, 1981.
12. Archie Roland Talley had permission from NCNB to operate the 1979 Chrysler on April 12, 1981.
13. Alternatively, Nationwide provides voluntary coverage under policy 61-GA-640-273-0002 with NCNB for legal liability of Archie Roland Talley arising out of the operation of the 1979 Chrysler automobile on April 12, 1981, up to the limits of Nationwide’s policy ($500,000 bodily injury/$250,000 property damage).

I

Nationwide excepts and assigns error to the trial court’s conclusions of law that Talley was, on 12 April 1981, operating the [347]*347automobile as NCNB’s lessee and that Nationwide is therefore required, pursuant to G.S. 20-281, to provide coverage. Nationwide contends that the court’s conclusion that Talley was NCNB’s lessee on the date of the accident is unsupported by the evidence and the court’s findings. We agree.

G.S. 20-281 requires every person, firm or corporation engaged in the business of renting or leasing automobiles to the public to maintain motor vehicle liability insurance. The statute provides in part:

Each such motor vehicle leased or rented must be covered by a policy of liability insurance insuring the owner and rentee or lessee . . . from any liability imposed by law for damages . . . because of bodily injury to or death of any person and injury to or destruction of property caused by accident arising out of the operation of such motor vehicle ....

The provisions of the statute are a part of Nationwide’s policy issued to NCNB. American Tours, Inc. v. Liberty Mut. Ins. Co., 68 N.C. App. 668, 316 S.E. 2d 105, disc. rev. allowed, 311 N.C. 750, 321 S.E. 2d 125 (1984).

G.S.

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Bluebook (online)
337 S.E.2d 180, 78 N.C. App. 342, 1985 N.C. App. LEXIS 4299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-land-ncctapp-1985.