Moser v. Employers Commercial Union Insurance Co. of America

ARNOLD, Judge.

The trial court apparently was of the opinion that, based on this Court’s holding in Gore v. Insurance Co., 21 N.C. App. 730, 205 S.E. 2d 579 (1974), the exclusion did not apply since no encumbrance was recorded on the certificate of title. In Gore an automobile was sold under a conditional sales contract, but the transaction was not noted on the certificate of title. This Court held that under Insurance Co. v. Hayes, 276 N.C. 620, 174 S.E. 2d 511 (1970), the seller was the “owner of the auto*311mobile for insurance purposes;” The rationale behind the Gore decision, however, is…