Maryland Casualty Co. v. Smith

THOMPSON, Judge.

Summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990).

Subsection (b)(4) of N.C. Gen. Stat. § 20-279.21, as it read at the time plaintiff first issued its policy to defendants, provided for under-insured motorists coverage but also provided that an insured might reject such coverage:(b) [An] owner’s policy of…