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American Manufacturers Mutual Insurance Co. v. Morgan12/4/2001
Appeal by defendant from judgment entered 24 March 2000 by Judge W. Douglas Albright in Guilford County Superior Court. Heard in the Court of Appeals 18 September 2001.
Elizabeth W. Glidewell ("defendant") appeals from a declaratory judgment entered against her after a bench trial. We affirm the trial court's judgment.
I. Facts
In October 1997, Martha Glidewell ("Martha") filed a complaint against defendant alleging alienation of affection and criminal conversation. Martha alleged that she and Powell W. Glidewell ("Pete") were married in 1967, and continued to enjoy a "relationship of love and affection" until defendant invaded their lives. Defendant, whose name was Elizabeth Wooten Morgan at that time, was alleged to have engaged in a sexual relationship with Martha's husband, Pete. According to defendant's deposition testimony, she and Pete engaged in sexual relations during December 1996. Defendant also admitted that she knew Pete was married to Martha. On 15 October 1998, defendant and Pete were married.
After defendant was served with Martha's complaint, she timely filed notice with American Manufactures Mutual Insurance Company and Lumbermens Mutual Casualty Company (collectively "plaintiffs"). Defendant requested defense and payment of judgment, if any, from either her homeowner's policy or her personal catastrophe liability endorsement ("PCL Endorsement") in effect at relevant times. Plaintiffs declined to defend and subsequently brought this declaratory judgment action to determine whether they had a duty to defend or indemnify defendant for damages. The trial court entered its findings of fact, conclusions of law, and judgment on 28 April 2000. The trial court determined that plaintiffs were not obligated to defend or to indemnify defendant and denied defendant's counterclaim for breach of contract and declaratory judgment. Defendant appeals.
II. Issues
Defendant assigns as error the trial court's holding that the homeowner's policy and the 1995/1996 and 1996/1997 PCL Endorsements do not require plaintiffs to defend nor indemnify defendant for alienation of affection and criminal conversation claims. "The interpretation of language used in an insurance policy is a question of law, governed by well-established rules of construction." Allstate Ins. Co. v. Runyon Chatterton, 135 N.C. App. 92, 94, 518 S.E.2d 814, 816 (1999), disc. rev. denied, 351 N.C. 350, 542 S.E.2d 205 (2000). " n appellate review of a declaratory judgment, a trial court's findings of fact in a trial without a jury will be upheld if supported by any competent evidence." North Carolina Farm Bureau Mut. Ins. Co. v. Stox, 330 N.C. 697, 702, 412 S.E.2d 318, 322 (1992). We are "to determine whether the record contains competent evidence to support the findings; and whether the findings support the conclusions." Nationwide Mut. Ins. Co. v. Allison, 51 N.C. App. 654, 657, 277 S.E.2d 473, 475, disc. rev. denied, 303 N.C. 315, 281 S.E.2d 652 (1981). "If the trial court's findings are supported by competent evidence and, in turn, support its conclusions, the declaratory judgment must be affirmed on appeal." Stox, 330 N.C. at 703, 412 S.E.2d at 322. However, if the conclusions from the facts found involve legal questions, they are subject to review on appeal. Davidson v. Duke University, 282 N.C. 676, 712, 194 S.E.2d 761, 783 (1973).
III. Homeowner's Policy
Defendant argues that the "bodily injury " suffered by Martha was caused by an "occurrence" that triggered coverage.
The homeowner's policy provides that:
If a claim is made or a suit is brought against an insured for damages because of bodily injury or property
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