Court of Appeals of North Carolina, 1972

Lautenschleger v. Royal Indemnity Company

Lautenschleger v. Royal Indemnity Company
Court of Appeals of North Carolina · Decided August 2, 1972 · Graham, Morris, Vaughn
190 S.E.2d 406; 15 N.C. App. 579; 1972 N.C. App. LEXIS 1976 (South Eastern Reporter, Second Series)

Lautenschleger v. Royal Indemnity Company

Opinion

GRAHAM, Judge.

We think it clear under any version of plaintiff’s evidence that her injuries did not result from an accident while occupying the insured vehicle within the meaning of the medical payments provision of her insurance policy. She has simply failed to show that her fall occurred while she was “in or upon or entering into or alighting from” the automobile. Jarvis v. Insurance Co., 244 N.C. 691, 94 S.E. 2d 843. We affirm the directed verdict entered for defendant.

Affirmed.

Judges Morris and Vaughn concur.

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