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Allison v. Iowa Mutual Insurance Company

258 S.E.2d 489 (1979)

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Allison v. Iowa Mutual Insurance Company

Court of Appeals of North Carolina
258 S.E.2d 489 (1979)

  • Written by Genan Zilkha, JD

Facts

Iowa Mutual Insurance Company (IMIC) (defendant) issued Allison (plaintiff) a general automobile-liability insurance policy. The policy covered any losses to covered vehicles but excluded coverage for damages caused by collisions. “Collision” was not defined. The policy listed three different types of occurrences that constituted collisions under the policy. These occurrences included collisions between the covered automobile and either another automobile or another object and an “upset” of the covered vehicle. Allison’s covered vehicle, a dump truck, was driving gravel across a bridge when the bridge collapsed. The truck slid into the river below the bridge and landed on its side. As a result, the truck was damaged. Allison submitted a claim to IMIC for $8,500, the total costs of repairing the truck. IMIC paid only $111 of this claim. This $111 represented the cost of repairing the windshield. IMIC refused to reimburse the full $8,500 because, it claimed, the accident constituted a “collision” and was therefore excluded under the policy. Allison sued IMIC to recover the full $8,500. The trial court found for Allison and entered a judgment in favor of Allison for $8,500. IMIC appealed.

Rule of Law

Issue

Holding and Reasoning (Hedrick, J.)

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