Duke University v. St. Paul Fire & Marine Insurance

PARKER, Judge.

The question presented by this appeal is whether the trial court erred in entering summary judgment for plaintiff because plaintiff’s insurance policy excluded coverage for liability resulting from the wrongful death action. Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Waste Management of Carolinas, Inc. v. Peerless Ins. Co., 315 N.C. 688, 690, 340 S.E.2d 374, 377 (1986). It is undisputed in this case that plaintiff’s policy required defendant to provide a defense in lawsuits…