汽车责任保险-全英文(doc)-保险综合.doc

16 of 26 DOCUMENTS Copyright (c) 1985 North Carolina Law Review North Carolina Law Review AUGUST, 1985 63 N.C.L. Rev. 1228 LENGTH: 8130 words SURVEY OF DEVELOPMENTS IN NORTH CAROLINA LAW, 1984: VII. INSURANCE LAW: South Carolina Insurance Co. v. Smith: Employee Exclusion Clauses in Automobile Liability Insurance Policies. NAME: BRENDA JEAN BOYKIN SUMMARY: ... North Carolinas Motor Vehicle Safety and Financial Responsibility Act was enacted to help ensure that innocent victims of automobile accidents will be able to recover compensation from the driver who caused their injuries. ... The insurance policy had a clause stating that it covered all sums which Insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease . . . sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile. ... If an employee is not covered by the states workers compensation system and the employers automobile liability policy contains an employee exclusion clause, the employee potentially is without insurance protection if he is injured through the use of one of his employers vehicles. In this situation, courts have been called upon to decide whether enforcement of the employee exclusion clause violates the spirit, if not also the letter, of the states financial responsibility law. ... The cases upholding an employee exclusion clause as written leave the injured employee with no coverage under either workers compensation or his employers automobile liability policy. ... TEXT: [*1228] North Carolinas Motor Vehicle Safety and Financial Responsibility Act n1 was enacted to help ensure that innocent victims of automobile accidents will be able to recover compensation from the driver who caused their injuries. n2 Together with North Carolinas compulsory insurance law, n3 the Financial Responsibility Act requires every owner of a motor vehicle to purchase liability insurance covering th