Church v. Allstate Insurance

EAGLES, Chief Judge.

Defendant appeals the denial of its motion to dismiss pursuant to N.C.R. Civ. P. 12(b)(7) and its motion for separate trials pursuant to N.C.R. Civ. P. 42(b). The evidence presented at the hearing tended to show the following. Laura Jean Church (hereinafter “plaintiff’) sustained injuries on 25 October 1996 when she was a passenger in the car driven by Argie Coffey. Coffey’s insurance company, Integon, tendered its limits. Plaintiffs Laura Jean Church and Rob Wade Church were residents of Wade Church’s household and as such are covered by a business auto policy issued by…