Martini v. Companion Property & Casualty Insurance

I must respectfully dissent from the majority decision in the appeal of defendant and concur in the result only in the appeal of plaintiff.

I. Summary Judgment

A. Standard of Review

Our appellate courts review a trial court’s ruling on a motion for summary judgment de novo. Forbis v. Neal, 361 N.C. 519, 524, 649 *48S.E.2d 382, 385 (2007). Summary judgment is appropriate where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as…