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Willis v. Allstate Insurance Co.8/2/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Peggy Willis ("plaintiff") appeals a trial court order granting summary judgment for Allstate Insurance Company ("Allstate") and Robert Williams ("Williams") (collectively,"defendants"). For the reasons stated herein, we affirm the trial court's order.
The factual and procedural history of this case is as follows: In 1996, plaintiff and her husband, Robert Willis ("Mr. Willis") sought to supplement their existing Allstate automobile and homeowners insurance policies with an umbrella insurance policy in the amount of $1,000,000. The Willises wanted the new policy to cover liabilities arising from several rental properties and automobiles that they owned. Williams, an agent for Allstate, told the Willises that to qualify for a $1,000,000 umbrella policy, they would have to increase the limits for their automobile insurance policy from $50,000 per person and $100,000 per accident ("$50,000/100,000") to at least $100,000 per person and $300,000 per accident ("$100,000/300,000"). The umbrella policy provides that if the insured "fail to maintain this Required Underlying Insurance, there will be no coverage or defense under this policy until the damages exceed the coverage and limit required for the exposure." Allstate issued a $1,000,000 umbrella policy to the Willises but, due to a clerical error, the limit for their automobile insurance policy was not raised. The Willises continued to pay premiums for $50,000/100,000 automobile insurance coverage.
On 17 October 1999, Mr. Willis was a passenger in plaintiff's automobile, which was being driven by Freddy Gowins ("Gowins"). The automobile was involved in an accident and Mr. Willis died as a result. Gowins was uninsured at the time of the accident. After Mr. Willis's death, plaintiff filed an insurance claim withAllstate for $1,000,000. While reviewing plaintiff's claim, Allstate realized that the limit for the Willises' automobile policy was not increased to $100,000/300,000 when the Willises purchased the umbrella policy. However, Allstate agreed to pay plaintiff $100,000 for Mr. Willis's injury to satisfy the automobile policy as it should have been. Allstate also informed plaintiff that the terms of the $1,000,000 umbrella policy did not cover Mr. Willis's death in the automobile accident, and that plaintiff could only recover that which was provided in the automobile policy.
On 3 September 2002, plaintiff filed the underlying complaint against Allstate for breach of contract, negligence, gross negligence, unfair and deceptive trade practices, and violation of insurance laws. The complaint also alleged negligence, gross negligence, unfair and deceptive trade practices and violation of insurance laws by Williams and his company, Williams Insurance and Financial Services, Inc. Defendants filed answers to the complaint and, after a period of discovery, defendants filed motions for summary judgment. The motions were argued before the trial court on 1 December 2003. At the conclusion of oral arguments, the trial judge ruled from the bench in favor of defendants. After the trial court issued its ruling, plaintiffmade a motion for leave to amend the complaint. The trial court denied plaintiff's motion. On 8 December 2003, the trial court issued an order granting defendants' motions for summary judgment without entering findings of fact or conclusions of law. It is from this order that plaintiff appeals.
The issues presented on appeal are whether the trial co
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