DeBerry v. American Motorists Insurance

CLARK, Judge.

The appeal presents three questions: (1) whether plaintiff was “struck by an automobile” as that term is used in the insurance policy; (2) if so, whether defendant’s liability for medical expenses is limited to the amount on each insured car ($500.00) or to the total amount on all insured cars ($1,000.00) ; and (3). whether plaintiff is entitled to attorney’s fees under G.S. 6-21.1.(1) The term “struck by an automobile.”

The term “struck by an automobile” is not defined in the policy. In the absence of a definition, nontechnical words are to be given a meaning consistent with the…