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CUMMINGS v. HORACE MANN INS. CO.

996 F.2d 720 (1993)

Eva Marie CUMMINGS, Plaintiff-Appellee, v. HORACE MANN INSURANCE COMPANY, Defendant-Appellant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1993.

Attorney(s) appearing for the Case

William Layton Duncan, Butler, Means, Evins & Browne, Spartanburg, SC, argued (Edward G. Smith, of counsel), for defendant-appellant.

Gregory Alan Morton, Donnan & Morton, P.A., Greenville, SC, argued, for plaintiff-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and WARD, Senior United States District Judge, for the Middle District of North Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

Horace Mann Insurance Company ("Horace Mann") appeals the award of $50,000 entered by the district court in favor of Eva Marie Cummings pursuant to an underinsured motorist policy. The issue is whether the district court erred in holding that the terms of the policy were ambiguous and therefore that Cummings' loss of consortium claim constituted a bodily injury under the policy. Finding the terms of the policy clear, we reverse...

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