The proper calculation of underinsured motorist (UIM) coverage in a case involving both multiple underinsured tortfeasors and multiple UIM insurance policies is the difference between the total amount paid under all exhausted liability policies and the total limits of all ...

Tagged with: UIM

Drivers who’ve been hurt in a car accident may now hit a roadblock to “stacking” the full value of their underinsured motorist policies on top of any recovery they receive from the at-fault driver, after the North Carolina Supreme Court ...

Tagged with: UIM

The insurer for a driver who caused a collision in Davidson County won’t be able to use the injured plaintiff’s underinsured motorist coverage to reduce the amount of the judgment owed to the plaintiff, the North Carolina Supreme Court has ...

Tagged with: UIM

Where (1) defendant William Creed fell asleep at the wheel of passenger/plaintiff Theodore Creed’s car, crashed into a tree, and caused serious injuries to Theodore; (2) William’s two liability policies each paid $100,000 to Theodore; and (3) defendant Nationwide Property ...

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Holding: We reverse the Court of Appeals’ ruling for the reasons stated in Judge Tyson’s dissent (Plaintiff’s declaratory judgment action and claim for recovery of proceeds received by defendants from a second motorist, Brandon Robinson, could not and did not ...

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An auto insurer that had to pay on an underinsured motorist policy after a policyholder was hit by a drunken driver cannot seek contribution from the party hosts that allegedly served the drinks that rendered the driver intoxicated, the North ...

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Hairston v. Harward (Lawyers Weekly No. 011-331-17, 20 pp.) (Donna Stroud, J.) (Robert Hunter Jr., J., dissenting) Appealed from Davidson County Superior Court (Joseph Crosswhite, J.) N.C. App. Holding: After a $263,000 jury verdict in plaintiff’s favor, plaintiff’s underinsured motorist ...

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State Farm Mutual Automobile Insurance Co. v. Phillips (Lawyers Weekly No. 012-091-17, 9 pp.) (Donna Stroud, J.) Appealed from Onslow County Superior Court (Benjamin Alford, J.) N.C. App. Unpub. Holding: Even though the plaintiff-insurance company filed this declaratory judgment action, ...

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Integon National Insurance Co. v. King (Lawyers Weekly No. 012-005-17, 12 pp.) (Robert Hunter Jr., J.) Appealed from Forsyth County Superior Court (R. Stuart Albright, J.) N.C. App. Unpub. Holding: After an accident that injured five people, the tortfeasor’s insurer ...

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North Carolina Farm Bureau Mutual Insurance Co. v. Hull (Lawyers Weekly No. 011-009-17, 37 pp.) (Wendy Enochs, J.) (John Tyson, J., concurring in part & dissenting in part) Appealed from Davidson County Superior Court (Mark Klass, J.) N.C. App. Holding: ...

Tagged with: UIM