Manhattan Life Insurance v. Lacy J. Miller MacHine Co.

BECTON, Judge.

I

The purpose of summary judgment is to “pierce” the pleadings and determine whether a genuine issue of material fact exists. Singleton v. Stewart, 280 N.C. 460, 464, 186 S.E. 2d 400, 403 (1972). Should there exist any issue of material fact, the reviewing court must deny the motion. Id.

The Miller Company first argues that there is a material factual dispute concerning whether Lacy Miller was “active and working full time” within the meaning of the insurance policy. The Miller Company cites numerous cases for the proposition that a person need not be physically at the office…