Insurance Co. of North America v. Aetna Life & Casualty Co.

MARTIN, Judge.

This appeal confronts us with two issues: (1) was Ware driving the rental automobile with either the express or implied permission of the named insured, Dollar, so as to be an “insured” *240under the terms of INA’s policy; and, (2) if not, was Ware in “lawful possession” of the rental automobile so as to be within the coverage required by G.S. 20-281 and G.S. 20-279.21. We conclude that Ware had neither Dollar’s express permission to operate the car nor its implied permission to do so and, therefore, was not an “insured” under the terms of the policy issued by INA to Dollar.…