WOOTEN v. NATIONWIDE MUT. INS. CO.

No. 828SC136.

298 S.E.2d 727 (1983)

William A. WOOTEN v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

January 4, 1983.


Attorney(s) appearing for the Case

David M. Rouse, Goldsboro, for plaintiff-appellant.

Dees, Dees, Smith, Powell & Jarrett by William W. Smith, Goldsboro, for defendant-appellee.


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...

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