Murray v. Nationwide Mutual Insurance

SMITH, Judge.

The central issues on this appeal are whether the trial court properly granted summary judgment for all defendants with regard to plaintiff’s claims of unfair and deceptive trade practices, and for defendant Nation-wide on plaintiff’s claim for punitive damages aris ing from Nationwide’s alleged tortious breach of contract. Because plaintiff has presented evidence which establishes genuine issues of material fact on these claims, we reverse.

The genesis of this case is a car wreck which occurred on 16 January 1986 in Durham County, North Carolina. On that day plaintiff was driving…