Narrative Opinion Summary
The case involves an insured individual who sustained injuries when his stationary vehicle, disabled on the road, was struck by another vehicle, propelling it into him. The insured sought medical coverage under a policy issued by Nationwide Mutual Insurance Company, which denied the claim based on an exclusion for injuries involving a vehicle owned by a family member. The trial court granted summary judgment in favor of the insured, interpreting the policy to cover injuries caused by non-family vehicles. Nationwide appealed, arguing the exclusion justified their denial. The appellate court affirmed the trial court's decision, emphasizing that the policy's exclusion did not apply as the injury was caused by the impact of a non-family vehicle on the insured's stationary car. Additionally, the court upheld the trial court's award of attorney fees, finding no abuse of discretion in determining that Nationwide's refusal to pay was unwarranted, in accordance with N.C.G.S. 6-21.1. The judgment reinforced the principle that being 'struck by an automobile' includes indirect impacts, supporting the insured's claim for coverage and attorney fees.
Legal Issues Addressed
Award of Attorney Fees under N.C.G.S. 6-21.1subscribe to see similar legal issues
Application: The trial court's decision to award attorney fees was upheld as there was no abuse of discretion, given the insurance company's unwarranted refusal to pay the claim.
Reasoning: This statute allows for attorney fees at the judge's discretion if an insurance company unjustly refuses a claim. The judge's decision to award fees will not be overturned unless there is clear abuse of discretion.
Insurance Policy Exclusions for Family-Owned Vehiclessubscribe to see similar legal issues
Application: The exclusion for injuries caused by a family-owned vehicle was found inapplicable since the injury resulted from a non-family vehicle impacting a stationary vehicle, which in turn injured the insured.
Reasoning: The relevant exclusion applies to situations where a family member is struck by their own moving vehicle, not when a stationary, disabled vehicle is struck by another non-family vehicle.
Interpretation of 'Struck by an Automobile' in Insurance Policiessubscribe to see similar legal issues
Application: The court applied the ordinary sense of the phrase 'struck by an automobile' to include scenarios where an individual is injured by being pushed by a vehicle that was struck by another vehicle.
Reasoning: The phrase 'struck by an automobile' is interpreted in its common and ordinary sense, affirming that both scenarios qualify as being 'struck.'