Opinion

Williams v. Holsclaw

  • 128 N.C. App. 205
  • 495 S.E.2d 166
  • 1998 N.C. App. LEXIS 19
Court
Court of Appeals of North Carolina
Filed
Jan 6, 1998
Status
Published
Author
Greene
On the bench
Mark D. Martin
Cited by
18 cases
Authority
More cited than 6.5%

court focused on the fact that the officer was performing his official police duties when he was responding to a call at the time of the collision

How later courts described this case

  • court focused on the fact that the officer was performing his official police duties when he was responding to a call at the time of the collision

Written by the judges who cited it.

The opinion

Judge Greene

concurring.

I agree with the majority that Integon is required to provide uninsured motorist coverage to the plaintiff in this case. To hold otherwise would circumvent the intent of section 20-279.21(b)(3) to provide insurance coverage to insured parties who are injured and damaged by persons not having liability insurance. See N.C.G.S. § 20-279.21(b)(3) (1993). Furthermore, to allow the uninsured carrier to assert the municipality’s sovereign immunity would circumvent the intent of the legislature that vehicles owned by municipalities can be uninsured vehicles within the meaning of section 20-279.21(b)(3). The lack of insurance by the municipality qualifies the vehicle as an uninsured vehicle within the meaning of section 20-279.21(b)(3). It would be absurd to believe that the legislature intended that this same lack of insurance would simultaneously disqualify the vehicle from uninsured insurance coverage within the meaning of section 20- *214 279.21(b)(3). See Comr. of Insurance v. Automobile Rate Office, 294 N.C. 60, 68 , 241 S.E.2d 324, 329 (1978) (courts must construe statutes so as to avoid absurd results). For these additional reasons I join with the majority in reversing the trial court’s grant of Integon’s motion to dismiss.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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