Summary
adopting the dissent from the North Carolina Court of Appeals, 162 N.C.App. 87, 590 S.E.2d 4 (Hunter, J., dissenting)
Summary of this case from Affinity Living Grp. v. Starstone Specialty Ins. Co.Opinion
No. 054A04
Filed 7 October 2004
Insurance — law enforcement liability policy — sexual assaults by officer
The decision of the Court of Appeals in this case is reversed for the reason stated in the dissenting opinion in the Court of Appeals that a law enforcement liability insurance policy did not provide coverage for sexual assaults by a police officer after traffic stops and an accident investigation because the officer did not commit the sexual assaults "while performing law enforcement duties" as required for coverage under the policy.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 162 N.C. App. 87, 590 S.E.2d 4 (2004), reversing an order and judgment entered 6 August 2002 by Judge James F. Ammons, Jr. in Superior Court, Cumberland County. Heard in the Supreme Court 15 September 2004.
Cranfill, Sumner Hartzog, L.L.P., by Susan K. Burkhart, for defendant-appellant Great American Insurance Company. White Stradley, LLP, by J. David Stradley, for defendant-appellees April S. Wortham, Ophelia Pechie, and Shannon Steck Peele.
For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.