Existence of insurance ruled irrelevant to determination of agency relationship
A boat collision resulted in the death of a girl and injuries to her sister. The girl's estate filed a wrongful-death action against the driver of the other boat, while the mother also sought damages for injuries sustained by the surviving daughter. Each claim asserted that the driver was negligent in the accident and that he was acting as an agent of a bass-fishing club at the time.
The defendant was a director of the club's western North Carolina district. As such, he oversaw the administration of tournaments in the district. He wasn't an employee of the club, however, and received no salary nor had full-time duties.
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