Court of Appeals of North Carolina March 15, 2011, COA09-1524 (Bain v. UNITRIN AUTO AND HOME INS. CO.)

GEER, Judge.

Plaintiffs David Michael Bain (“Michael Bain”) and David H. Bain (“David Bain”) appeal from the trial court’s grant of summary judgment to defendant Unitrin Auto and Home Insurance Company. Michael Bain, an insured under David Bain’s policy with Unitrin, brought suit for personal injuries arising out of an automobile accident (“the underlying action”).