Aills v. Nationwide Mutual Insurance

WELLS, Judge.

Summary judgment is appropriately entered where the materials before the trial court “show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” Johnson v. Insurance Co., 300 N.C. 247, 266 S.E. 2d 610 (1980).

The underlying question is what was the scope of the under-insured motorists coverage of plaintiff Mr. Aills’ insurance policy with defendant. The facts are not in dispute. On 21 July 1983 Mr. and Mrs. Lovell R. Aills, plaintiffs herein, were severely injured in an automobile accident. The other driver was at…