Duncan v. AMERICAN MUTUAL FIRE INSURANCE COMPANY

Beasley, Judge.

In this declaratory judgment action, defendant Shirley Duncan appeals the grant of plaintiff American Mutual’s motion for summary judgment and also assigns error on the denial of her motion for par tial summary judgment. The principal issue involves the construction of an automobile liability insurance policy which American Mutual issued to Rodney James Duncan, Shirley Duncan’s husband. Within the policy’s effective dates, Rodney Duncan was killed when a tree fell on the car he was driving. Shirley Duncan sought reimbursement under the personal injury protection (PIP)…