Legal Opinion
Commercial Union Insurance v. Mauldin
Court of Appeals of North Carolina
Decided June 7, 1983No. 8218SC752PublishedCited by 27 opinions
1Opinion of the Court
VAUGHN, Chief Judge.
The sole issue is whether the trial court erred in finding that Wilmoth was not covered by the homeowner’s policy for the claims asserted by Sanford Lee Mauldin. An insurance policy is a contract between the parties and is to be construed and enforced in accordance with its terms. Allstate Insurance Co. v. Shelby Mutual Insurance Co., 269 N.C. 341, 152 S.E. 2d 436 (1967). “[I]f the meaning of the policy is clear and only one reasonable interpretation exists, the courts must enforce the contract as written; they may not, under the guise of construing an ambiguous term,…
2Cases cited5 opinions
- State v. WilkersonSupreme Court of North Carolina · 1978
- Woods v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1978
- Allstate Insurance Co. v. Shelby Mutual Ins. Co.Supreme Court of North Carolina · 1967
- Garland P. Stout v. Grain Dealers Mutual Insurance CompanyCourt of Appeals for the Fourth Circuit · 1962
- State v. RogersSupreme Court of North Carolina · 1980
3Cited by27 opinions
- James v. PaulSupreme Court of Missouri · 2001
- American Family Mutual Insurance Co. v. JohnsonSupreme Court of Colorado · 1991
- Klatt v. Continental Insurance Co.South Dakota Supreme Court · 1987
- North Carolina Farm Bureau Mutual Insurance v. StoxSupreme Court of North Carolina · 1992
- State Mutual Insurance v. BraggSupreme Judicial Court of Maine · 1991
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