Wooten v. Nationwide Mutual Insurance

HEDRICK, Judge.

The “Volunteer Group Accident Insurance Policy” provides, among other things, that the insurer will pay disability and medical benefits to the insured when he sustains damage resulting from injury by accident “directly and independently of all other causes.”

It is the duty of the trial judge to submit to the jury issues which are raised by the evidence, and which, when answered, will resolve all material controversies between the parties. G.S. § 1A-1, Rule 49. In the present case, the questions submitted to the jury confused the material issues which were raised by the evidence.…