HAMILTON v. TRAVELERS INDEM. CO.

No. 8529SC149.

335 S.E.2d 228 (1985)

James Kirby HAMILTON, Executor of the Estate of Darren Keith Hamilton, Deceased v. The TRAVELERS INDEMNITY COMPANY, a Stock Insurance Company.

Court of Appeals of North Carolina.

October 15, 1985.


Attorney(s) appearing for the Case

Toms & Bazzle by James H. Toms and Ervin W. Bazzle, Hendersonville, for plaintiff-appellant.

Roberts, Cogburn, McClure & Williams by Isaac N. Northup, Jr., Asheville, for defendant-appellee.


EAGLES, Judge.

Plaintiff claims only under the UM coverage; no other liability is asserted under the policy. The parties do not dispute the facts, only the interpretation of the policy and applicable statutory language. Since the case presents only questions of law, summary judgment was appropriate. Kessing v. National Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971). The decision of the trial court is fully reviewable...

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