Sanders v. American Spirit Insurance

JOHN, Judge.

Plaintiff appeals the trial court’s grant of defendant’s summary judgment motion proffered pursuant to N.C.G.S. § 1A-1, Rule 56(c)(1990) (defendant’s motion). The sole issue for our determination is whether an automobile insurance policy issued by defendant (the policy) provides underinsured motorist (UIM) coverage to plaintiff for injuries sustained while a passenger in an automobile driven by defendant’s named insured Joan Johnson (Johnson). We conclude the policy provides such coverage and that the trial court erred in granting defendant’s motion.

The following pertinent facts…