Hillman v. United States Liability Insurance

JOHNSON, Judge.

I. Defendant’s Liability for Collision Damage

Defendant argues that the trial court erred in granting partial summary judgment for plaintiff on his contract claim because the affidavit submitted by defendant raises a genuine issue of material fact as to the number of collisions and therefore, number of deductibles that are applicable to the claim. Plaintiff maintains that the affidavit raises only an issue as to the exact sequence of the two impacts, which is neither genuine nor material to its claim under the policy.

G.S. 1A-1, Rule 56(c) of the Rules of Civil Procedure provides…