Aetna Casualty & Surety Co. v. Welch

EAGLES, Judge.

The sole issue on appeal is whether the trial court properly granted plaintiffs summary judgment motion. We hold that there is a genuine issue of material fact and, accordingly, we vacate the trial court’s summary judgment and remand for trial.

The standard of review for summary judgment is whether there is any genuine issue of material fact and whether the mov-ant is entitled to judgment as a matter of law. Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). An issue is material if “the facts alleged would constitute a legal defense or would affect the result of the…