Logourl black
From our private database of 14,100+ case briefs...

Allison v. Iowa Mutual Insurance Company

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


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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Hedrick, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 219,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.