{
  "id": 11914118,
  "name": "Q. MELISSA OWENS, Plaintiff v. JOSEPH THOMAS CHANCE and ALLSTATE INSURANCE COMPANY, Defendants",
  "name_abbreviation": "Owens v. Chance",
  "decision_date": "1996-08-06",
  "docket_number": "No. COA95-346",
  "first_page": "523",
  "last_page": "527",
  "citations": [
    {
      "type": "official",
      "cite": "123 N.C. App. 523"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "403 S.E.2d 571",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1991,
      "opinion_index": 0
    },
    {
      "cite": "102 N.C. App. 788",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8525787
      ],
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/102/0788-01"
      ]
    },
    {
      "cite": "418 S.E.2d 837",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1992,
      "opinion_index": 0
    },
    {
      "cite": "107 N.C. App. 207",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8527357
      ],
      "year": 1992,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/107/0207-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 285,
    "char_count": 6479,
    "ocr_confidence": 0.748,
    "pagerank": {
      "raw": 8.594203391136844e-08,
      "percentile": 0.48978975222107546
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    "sha256": "9f62487524d71d56888d4c98d780823a51dc3e32ae6248b7a4fe0aec745f2ac8",
    "simhash": "1:cf411ea054d8bedf",
    "word_count": 1069
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  "last_updated": "2023-07-14T18:05:31.519627+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges EAGLES and McGEE concur."
    ],
    "parties": [
      "Q. MELISSA OWENS, Plaintiff v. JOSEPH THOMAS CHANCE and ALLSTATE INSURANCE COMPANY, Defendants"
    ],
    "opinions": [
      {
        "text": "LEWIS, Judge.\nThe issue presented for our review is whether an Allstate policy issued to Margaret Barnhill Chance (hereinafter \u201cMargaret Chance\u201d) provided liability coverage for her husband, while he was driving a truck owned by him but not listed in the Declarations portion of the policy.\nPlaintiff Q. Melissa Owens and defendant Joseph Thomas Chance (hereinafter \u201cJoseph Chance\u201d) were involved in an automobile accident from which plaintiff suffered bodily injury. The defendant\u2019s vehicle, a 1990 Chevrolet truck, was insured by State Farm Mutual Automobile Insurance Company (hereinafter \u201cState Farm\u201d) with a liability limit of $50,000 per person. Defendant\u2019s wife, Margaret Chance, was insured by . an Allstate Insurance Company automobile insurance policy with a bodily injury liability limit of $100,000 per person. The Allstate policy listed as covered a 1990 Chrysler and a 1987 Honda.\nThe 1990 Chevrolet truck involved in the accident was not listed as a covered vehicle on the Allstate policy. The policy states that \u201c \u2018[your] covered auto\u2019 means any vehicle shown in the Declarations.\u201d We conclude that the 1990 Chevrolet is not a \u201ccovered auto\u201d under the Allstate policy.\nPlaintiff contends that Joseph Chance is a covered person and that the policy does not otherwise exclude coverage for his ownership, maintenance or use of the 1990 Chevrolet truck. The Allstate policy language at issue provides as follows:\nB. We do not provide Liability Coverage for the ownership, maintenance or use of:\n1. Any vehicle, other than your covered auto, which is:\na. owned by you; or\nb. furnished for your regular use.\n2. Any vehicle, other than your covered auto, which is:\na. owned by any family member; or\nb. furnished for the regular use of any family member.\nHowever, this exclusion (B.2) does not apply to your maintenance or use of any vehicle which is:\na. owned by a family member; or\nb. furnished for the regular use of a family member.\n(Emphasis added).\nThe definitions section of the Allstate policy states that throughout the policy, \u201cyou\u201d and \u201cyour\u201d refer to: 1) the \u201cnamed insured\u201d shown in the Declarations and 2) the spouse if a resident of the same household. The policy defines \u201cfamily member\u201d as \u201ca person related to you by blood, marriage or adoption who is a resident of your household, this includes a ward or foster child.\u201d Plaintiff urges us to construe these policy exclusions and exception so that Joseph Chance is both a \u201cfamily member\u201d and \u201cyou\u201d and \u201cyour\u201d on any given reading of these provisions.\nWhile we agree that Joseph Chance can qualify as a \u201cfamily member\u201d when his wife\u2019s name is substituted for \u201cyou\u201d and \u201cyour\u201d, he cannot also be a \u201cfamily member\u201d when his name is substituted for \u201cyou\u201d and \u201cyour.\u201d The terms \u201cyou\u201d, \u201cyour\u201d and \u201cfamily member\u201d must be applied consistently and exclusive of each other on any given reading of these provisions. The term \u201cfamily member\u201d refers to a third party, as it relates to \u201cyou\u201d or \u201cyour\u201d.\nWhen the definitions in the Allstate policy are applied to the facts of this case, the exclusions and exception at issue can be read in one of two ways. If Margaret Chance is substituted for \u201cyou\u201d and \u201cyour\u201d and Joseph Chance is substituted for \u201cfamily member\u201d, these provisions read as follows:\nB. We do not provide Liability Coverage for the ownership, maintenance or use of:\n1. Any vehicle, other than your (Margaret Chance) covered auto, which is:\na. owned by you (Margaret Chance) or\nb. furnished for your (Margaret Chance) regular use.\n2. Any vehicle, other than your (Margaret Chance) covered auto, which is:\na. owned by any family member (Joseph Chance); or\nb. furnished for the regular use of any family member (Joseph Chance).\nHowever, this exclusion (B.2) does not apply to your (Margaret Chance) maintenance or use of any vehicle which is:\na. owned by a family member (Joseph Chance); or\nb. furnished for the regular use of a family member (Joseph Chance).\n(Emphasis added).\nAlternatively, if Joseph Chance is substituted for \u201cyou\u201d and \u201cyour\u201d and Margaret Chance is substituted for \u201cfamily member\u201d, these provisions read as follows:\nB. We do not provide Liability Coverage for the ownership, maintenance or use of:\n1. Any vehicle, other than your (Joseph Chance) covered auto, which is:\na. owned by you (Joseph Chance) or\nb. furnished for your (Joseph Chance) regular use.\n2. Any vehicle, other than your (Joseph Chance) covered auto, which is:\na. owned by any family member (Margaret Chance); or\nb. furnished for the regular use of any family member (Margaret Chance).\nHowever, this exclusion (B.2) does not apply to your (Joseph Chance) maintenance or use of any vehicle which is:\na. owned by a family member (Margaret Chance) or\nb. furnished for the regular use of a family member (Margaret Chance).\n(Emphasis added).\nUnder both readings, coverage is excluded in regard to Joseph Chance\u2019s ownership, maintenance, or use of the 1990 Chevrolet truck, a vehicle owned by him and not a covered auto under the policy. Under neither scenario would Joseph Chance be subject to the B.2 exception.\nWe dealt with similar facts and nearly identical policy provisions in North Carolina Farm Bureau Mutual Insurance Co. v. Walton, 107 N.C. App. 207, 418 S.E.2d 837 (1992) and Kruger v. State Farm Mutual Auto Insurance Association, 102 N.C. App. 788, 403 S.E.2d 571 (1991). We find that the decisions in Walton and Kruger are applicable to the case at bar. In accordance with these cases, coverage is excluded under the policy.\nFor the reasons stated, summary judgment in favor of defendant Allstate Insurance Company is affirmed.\nAffirmed.\nJudges EAGLES and McGEE concur.",
        "type": "majority",
        "author": "LEWIS, Judge."
      }
    ],
    "attorneys": [
      "Hardee & Hardee, by G. Wayne Hardee and Charles R. Hardee, for plaintiff-appellant.",
      "Ward & Smith, P.A., by Joseph A. Hayes, III and John M. Martin, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "Q. MELISSA OWENS, Plaintiff v. JOSEPH THOMAS CHANCE and ALLSTATE INSURANCE COMPANY, Defendants\nNo. COA95-346\n(Filed 6 August 1996)\nInsurance \u00a7 425 (NCI4th)\u2014 wife\u2019s insurance policy \u2014 husband\u2019s vehicle not listed in policy \u2014 no coverage\nAn automobile insurance policy issued to defendant\u2019s wife did not provide liability coverage for defendant husband while he was driving a truck owned by him but not listed in the declarations portion of the policy.\nAm Jur 2d, Automobile Insurance \u00a7\u00a7 172, 225 et seq.\nAppeal by plaintiff from order entered 26 January 1995 by Judge Clifton W. Everett, Jr. in Pitt County Superior Court. Heard in the Court of Appeals 26 March 1996.\nHardee & Hardee, by G. Wayne Hardee and Charles R. Hardee, for plaintiff-appellant.\nWard & Smith, P.A., by Joseph A. Hayes, III and John M. Martin, for defendant-appellee."
  },
  "file_name": "0523-01",
  "first_page_order": 557,
  "last_page_order": 561
}