McNeil v. Hartford Accident & Indemnity Co.

WELLS, Judge.

Plaintiff contends that the court erred in granting defendant’s motion for summary judgment. We agree.

In order to show that he is entitled to the benefits under the uninsured motorist endorsement, plaintiff must show that: (1) he is legally entitled to recover damages, (2) from the owner or oper ator of an uninsured automobile, (3) because of bodily injury, (4) caused by accident and (5) arising out of the ownership, maintenance or use of the uninsured automobile. Williams v. Insurance Co., 269 N.C. 235, 152 S.E. 2d 102 (1967).

N.C. Gen. Stat. § 20-279.21(b)(3)(b) provides:

Where…