North Carolina Farm Bureau Mutual Insurance v. Warren

Believing as I do that the majority has failed to properly interpret and apply the policy exclusion under consideration, I respectfully dissent.

At the outset it is settled law in this jurisdiction that exclusions contained in liability policies of insurance are to be construed against the insurer. Grant v. Insurance Co., 295 N.C. 39, 243 S.E.2d 894 (1978). This Court has adopted a two-prong test to determine whether a non-owned vehicle is furnished to the insured for his or her “regular use” and is thereby excluded from coverage under the policy provision in question. In Whaley v. Insurance…