Legal Opinion

Gaston-Lincoln Transit, Inc. v. Maryland Casualty Co.

Court of Appeals of North Carolina

Decided February 5, 1974No. 7327SC715PublishedCited by 9 opinions

1Opinion of the Court

MORRIS, Judge.

Defendant first assigns error to the court’s finding that the defendant by its conduct waived and is estopped to rely upon the provisions of the endorsement “Auto 1145.” Its first basis for this assignment is its contention that the Jenkins Agency was a limited agency as opposed to an unlimited agency. Specifically, it relies on the portion of its answer to plaintiff’s interrogatory excluded by the court, but read into the record. According to this answer, defendant instructed its agencies that any inter-urban buses or frequent trips greater than 150 miles represented greater…

2Cases cited3 opinions

  1. Setzer v. OLD REPUBLIC LIFE INSURANCE COMPANYSupreme Court of North Carolina · 1962
  2. Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
  3. Nichols v. St. Paul Fire and Marine Insurance Co.Court of Appeals of North Carolina · 1971

3Cited by9 opinions

  1. Gaston-Lincoln Transit, Inc. v. Maryland Casualty Co.Supreme Court of North Carolina · 1974
  2. North River Insurance v. YoungCourt of Appeals of North Carolina · 1995
  3. Carter v. West American InsuranceCourt of Appeals of North Carolina · 2008
  4. State Farm Fire & Casualty Co. v. DarsieCourt of Appeals of North Carolina · 2003
  5. Wysong and Miles Co. v. Employers of WausauDistrict Court, M.D. North Carolina · 1998

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