Legal Opinion

Southeast Airmotive Corp. v. United States Fire Insurance

Court of Appeals of North Carolina

Decided December 17, 1985No. 8526SC544PublishedCited by 14 opinions

1Opinion of the Court

HEDRICK, Chief Judge.

Defendant’s only assignments of error concern the trial court’s granting summary judgment for plaintiff, rather than for defendant. Defendant contends that the exclusionary language in the insurance policy purchased by plaintiff clearly excludes the negotiable instruments damaged in the crash from coverage and therefore that defendant, rather than plaintiff, is entitled to judgment as a matter of law. We disagree.

When language used in an insurance policy is ambiguous and is reasonably susceptible of differing constructions, it must be given the construction most favorable…

2Cases cited4 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Grant v. Emmco InsuranceSupreme Court of North Carolina · 1978
  3. Holcomb v. United States Fire Insurance Co.Court of Appeals of North Carolina · 1981
  4. Joyner v. Nationwide InsuranceCourt of Appeals of North Carolina · 1980

3Cited by14 opinions

  1. West American Insurance Co. v. Tufco Flooring East, IncCourt of Appeals of North Carolina · 1991
  2. Federal Insurance v. Century Federal Savings & Loan Ass'nNew Mexico Supreme Court · 1992
  3. Continental Casualty Company v. Amerisure Insurance CompanyCourt of Appeals for the Fourth Circuit · 2018
  4. Eatman Leasing, Inc. v. Empire Fire & Marine InsuranceCourt of Appeals of North Carolina · 2001
  5. Washington Housing Authority v. North Carolina Housing Authorities Risk Retention PoolCourt of Appeals of North Carolina · 1998

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