Shew v. Southern Fire & Casualty Co.

MEYER, Justice.

The sole issue before us is whether the defendant, Southern Fire & Casualty Company, is legally obligated under a contract of insurance to reimburse the plaintiffs for monies paid in restitution assessed as a result of a criminal judgment against the plaintiff Shew. We hold that it is not.

The Court of Appeals, in reversing the trial court’s order granting summary judgment for the defendant Company, reasoned as follows:

Without question, had Iredell County chosen to sue Shew and Brotherton . . . among other necessary matters, Southern Fire & Casualty Company would have assumed…