Nationwide Mutual Insurance Co. v. Aetna Casualty and Surety Co‪.‬

All of the defendants assignments or error relate to the granting of partial summary judgment for plaintiff. Under Rule 56, summary judgment shall be entered "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. § 1A-1, Rule 56(c); Kidd v. Early, 289 N.C. 343, 222 S.E.2d 392 (1976). The judges role in ruling on a