South Carolina Insurance v. Smith

VAUGHN, Chief Judge.

In order to determine whether summary judgment was properly granted plaintiff insurer, we must examine the effect of North Carolina’s Financial Responsibility Act on an employee exclusion clause in an automobile liability policy. Plaintiff argues that the employee exclusion clause contained in the “Personal Auto Policy” it issued to defendant Gore relieves it of any liability under the policy arguably arising from the accident in question. Defendants’ position is that regardless of the validity of the exclusionary clause, G.S. 20-279.21(e), part of North Carolina’s…