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W & J RIVES, INC. v. KEMPER INS. GROUP

No. 8818SC464.

374 S.E.2d 430 (1988)

92 N.C. App. 313

W & J RIVES, INC., Plaintiff, v. KEMPER INSURANCE GROUP d/b/a Lumbermens Mutual Casualty Company, and Aetna Casualty and Surety Company, Defendants.

Court of Appeals of North Carolina.

December 20, 1988.

Attorney(s) appearing for the Case

Wyatt, Early, Harris, Wheeler & Hauser by William E. Wheeler and Frederick G. Sawyer, High Point, for plaintiff appellee.

Smith, Helms, Mulliss & Moore by J. Donald Cowan, Jr. and Diane P. Bishop, Greensboro, for defendant appellant.

ARNOLD, Judge.

Aetna first assigns as error the entering of summary judgment by the trial court because Polo's claim falls within an exclusion to the coverage provided by the Aetna policy.

"Coverage" under the policy issued by Aetna to Rives reads as follows:

2.1 COVERAGE. The company will pay on behalf of the insured the ultimate net loss in excess of the applicable underlying limit which the insured shall become legally obligated to pay as damages...

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