A driver suing for uninsured/underinsured motorist coverage benefits prevailed in his quest to continue the case, as the North Carolina Court of Appeals has ruled the trial court was right to deny summary judgment to defendant insurers.
In Spruill v. Westfield, Allstate and Casualty, justices determined the lower court properly considered plaintiff an “insured” person under the Westfield policy, and further that the policies held by both Westfield and Allstate should be pro-rated.
This case stemmed from an auto accident that occurred in November 2012 while plaintiff, a construction company employee, was directing traffic for the company while on U.S. Highway 13. He was struck by a driver in a car traveling northbound. At the time, plaintiff was acting in the course and scope of employment, as he was helping his co-worker back up a tractor trailer onto the highway from the construction site. Plaintiff was a supervisor at the site, where workers were building a new Wal-Mart. He and another worker walked out onto the median of the highway to help the truck back out by stopping traffic in the opposite direction. He was wearing an orange and yellow reflective vest and was standing within the highway median when he was hit. Continue reading