From and after July 1, 1953, it shall be unlawful for any person, firm or corporation to engage in the business of renting or leasing motor vehicles to the public for operation by the rentee or lessee unless such person, firm or corporation has secured insurance for his own liability and that of his rentee or lessee, in such an amount as is hereinafter provided, from an insurance company duly licensed to sell motor vehicle liability insurance in this State. Each such motor vehicle leased or rented must be covered by a policy of liability insurance insuring the owner and rentee or lessee and their agents and employees while in the performance of their duties against loss from any liability imposed by law for damages including damages for care and loss of services because of bodily injury to or death of any person and injury to or destruction of property caused by accident arising out of the operation of such motor vehicle, subject to the following minimum limits: fifty thousand dollars ($50,000) because of bodily injury to or death of one person in any one accident, and one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident, and fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident. Provided, however, that nothing in this Article shall prevent such operators from qualifying as self-insurers under terms and conditions to be prepared and prescribed by the Commissioner of Motor Vehicles or by giving bond with personal or corporate surety, as now provided by G.S. 20-279.24, in lieu of securing the insurance policy hereinbefore provided for. (1953, c. 1017, s. 1; 1955, c. 1296; 1965, c. 349, s. 1; 1967, c. 277, s. 8; 1973, c. 745, s. 7; 1979, c. 832, s. 11; 1991, c. 469, s. 6; 1999-228, s. 7; 2023-133, s. 12(g); 2024-29, s. 8(c).)
Notes of Decisions
Nationwide Mut. Ins. v. Land, 350 S.E.2d 500 (N.C. 1986).
· cites it 24× “All parties waived a jury trial, and the trial court entered judgment declaring that Nationwide provided compulsory coverage pursuant to N.C.G.S. § 20-281 (1983) [1] and voluntary coverage pursuant to the terms of its policy, "for legal liability of Archie Roland Talley for…”
Am. Tours, Inc. v. Liberty Mut. Ins., 338 S.E.2d 92 (N.C. 1986).
· cites it 11× “It ruled that N.C.G.S. § 20-281 (1975) (amended 1979) 2 requires insurance policies insuring automobile lessors to provide coverage for agents of lessees and that Mobley was such an agent.”
Iowa Nat'l Mut. Ins. Co. v. Broughton, 196 S.E.2d 243 (N.C. 1973).
· cites it 21× “21 and G.S. § 20-281, when construed together, became parts of the insurance contract and extended coverage to any driver who was in lawful possession at the time of the injuries.”
Harleysville Mut. Ins. v. Zurich-Am. Ins., 578 S.E.2d 701 (N.C. Ct. App. 2003).
· cites it 10× “St Paul argues in its brief that “lessees of vehicles and their permittee drivers are not protected persons.” B. Financial Responsibility Act Where the policy does not provide voluntary coverage, we must determine whether coverage is mandated by the provisions of N.”
Jeffreys v. Snappy Car Rental, Inc., 493 S.E.2d 767 (N.C. Ct. App. 1997).
· cites it 10× “Section 20-281 of the General Statutes provides, in pertinent part: [I]t shall be unlawful for any person, firm or corporation to engage in the business of renting or leasing motor vehicles to the public for operation by the rentee or lessee unless such person, firm or…”
Ins. Co. of North Am. v. Aetna Life & Cas. Co., 362 S.E.2d 836 (N.C. Ct. App. 1987).
· cites it 6× “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” *240 under the terms of INA’s policy; and, (2) if not, was Ware in “lawful possession” of the…”
Nationwide Mut. Ins. v. Land, 337 S.E.2d 180 (N.C. Ct. App. 1985).
· cites it 7× “The answer to that issue depends upon whether Talley was operating the automobile as NCNB’s lessee, so as to be within coverage required by G.S. 20-281, or with NCNB’s permission, so that he would be an “insured” within the provisions of the policy itself.”
Engle v. State Farm Mut. Auto. Ins., 245 S.E.2d 532 (N.C. Ct. App. 1978).
· cites it 3× “The court further held that Massey was not within the coverage required by G.S. 20-281 as he did not come within any of the terms enumerated therein.”
Belasco v. Nationwide Mut. Ins., 326 S.E.2d 109 (N.C. Ct. App. 1985).
· cites it 2× “Since the underage operator did not have the owner’s express or implied permission to operate the vehicle, the Court held that he was not in lawful possession.”
Ins. Co. of N. Amer. v. Aetna Life & Cas., 362 S.E.2d 836 (N.C. Ct. App. 1987).
· cites it 6× “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" under the terms of INA's policy; and, (2) if not, was Ware in "lawful possession" of the…”
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