UNITED SERVICES AUTO. ASS'N v. GAMBINO

No. 9310SC294.

443 S.E.2d 368 (1994)

114 N.C. App. 701

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff, v. Jack F. GAMBINO and William F. Johnson, Defendants.

Court of Appeals of North Carolina.

May 17, 1994.


Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A. by Sam S. Woodley and M. Greg Crumpler, Rocky Mount, for plaintiff-appellant.

Armstrong & Armstrong, P.A. by L. Lamar Armstrong, Jr., Smithfield, for defendants-appellants.


MARTIN, Judge.

PLAINTIFF'S APPEAL

Plaintiff contends that the trial court erred by concluding that Jack is a "covered person" under the terms of plaintiff's policy on the ground that he is the Johnsons' "foster child." For the reasons set forth herein, we hold that summary judgment in favor of defendants was improper.

The policy issued by plaintiff provides in pertinent part that it provides UIM coverage to "covered persons." For purposes of UIM...

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