Successfully defended a case at the North Carolina Court of Appeals seeking $1,000,000.00 in damages for bodily injuries under a supplemental liability insurance policy

MELODY JOLLY (Wilmington)  successfully defended a case at the North Carolina Court of Appeals in an opinion dismissing Plaintiff’s appeal in a matter stemming from Plaintiff’s declaratory judgment action seeking $1,000,000.00 in damages for bodily injuries under a supplemental liability insurance policy purchased by Plaintiff and her husband when they rented a vehicle.  MS. JOLLY obtained summary judgment at the trial court level, and Plaintiff appealed, arguing that the family member exclusion contained in the supplemental liability insurance policy violates the purpose of the North Carolina Financial Responsibility Act and is therefore void against the public policy of North Carolina.  The North Carolina Court of Appeals affirmed the trial court’s entry of summary judgment in favor of the insurance company, finding that the family member exclusion contained in the supplemental liability policy is valid and enforceable and comports with the requirements of the North Carolina Financial Responsibility Act.