Martin v. Continental Ins. Co., 123 NC App 650 (95-633) 09/03/1996 Link to original WordPerfect file

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16C

Martin v. Continental Ins. Co.

No. COA95-633

(Filed 3 September 1996)

1.    Insurance § 99 (NCI4th)-- fleet policy -- insurer's close connections with N.C. -- applicability of N.C. law

    The fleet policy of insurance issued, applied for, and delivered by defendant to plaintiff's employer in Kansas was governed by North Carolina law via our "close connections" rule, since defendant insured 1,479 of the employer's vehicles registered and used in North Carolina. N.C.G.S. § 58-3-1.

     Am Jur 2d, Automobile Insurance § 235.

     Choice of law as to validity of other insurance clause of uninsured motorist coverage. 83 ALR3d 221.

     Conflict of laws in determination of coverage under automobile liability insurance policy. 20 ALR4th 738.

2.    Insurance § 510 (NCI4th)-- rejection of UIM coverage -- Rate Bureau form required -- applicability to fleet policies

    Defendant insurer was required to utilize the UIM rejection form promulgated by the Rate Bureau to effect a rejection of UM/UIM coverage, and there was no merit to defendant's contention that the form did not have to be used because the policy at issue was a fleet policy beyond the jurisdiction of the Rate Bureau.

     Am Jur 2d, Automobile Insurance §§ 304-310.

     Construction and application of statute designed to prevent avoidance of liability policy by reason of violation of its exclusions, conditions or other terms. 1 ALR2d 822.

NO. COA95-633

NORTH CAROLINA COURT OF APPEALS

Filed: 3 September 1996

PHYLLIS A. MARTIN, and TITUS M. MARTIN,

        Plaintiffs

         v.

THE CONTINENTAL INSURANCE CO., ALLSTATE INSURANCE COMPANY, and KENNETH WAYNE MILLER,

        Defendants.

    Appeal by plaintiffs from summary judgment entered 4 January 1993 by Judge W. Russell Duke, Jr., in Lenoir County Superior Court. Heard in the Court of Appeals 28 February 1996.