Metropolitan Property & Casualty Insurance v. Caviness

MARTIN, Mark D., Judge.

Plaintiff Metropolitan Property and Casualty Insurance (Metropolitan) appeals from order of the trial court granting judgment on the pleadings to defendant Jannis Caviness (Caviness).

It is undisputed that on 29 February 1992 Caviness was involved in an automobile accident with Linda Lee Nifong (Nifong) in High Point, North Carolina. At the time of the accident, Caviness was covered by an insurance policy issued to her by Metropolitan (Metropolitan policy). Nifong’s insurance company, Unison Insurance Company, exhausted the limits of its liability coverage, $50,000, in…