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Jun 1, 2022

COA calculates UIM coverage where multiple underinsured tortfeasors, policies 

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 applicable UIM policies, a unanimous panel of the North Carolina Court of Appeals has ruled […]

Jan 12, 2022

Supreme Court hits brakes on UIM precedent

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 declined to follow a rule laid down by the state’s Court of Appeals more than […]

Jan 17, 2019

At-fault drivers get no credit for UIM payout

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 ruled in a case of first impression that figures to have significant ramifications for the […]

Apr 3, 2018

Insurance – Auto – UIM – Setoff – Multiple Policies – ‘Excess Coverage’

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 and Casualty Insurance Co. tendered $100,000 to Theodore in liability coverage under one of Theodore’s […]

Mar 5, 2018

Insurance – Auto – UIM – Civil Practice – Statute of Limitation – Subrogation

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 accrue until plaintiff received notice of defendants’ negotiations with and payment by Robinson, and defendants’ […]

Nov 30, 2017

UIM carrier can’t seek contribution

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 Carolina Court of Appeals has ruled. George Olsen was walking along the side of the […]

Nov 7, 2017

Insurance – Auto – UIM – First Impression – Judgments – Setoff – Subrogation Waiver

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 carrier paid plaintiff $145,000 and abandoned its right to subrogation. Under these circumstances, defendan[...]

May 23, 2017

Insurance – Auto – UIM Coverage – Civil Practice – Declaratory Judgment Action – Burden of Proof – Policy

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, since defendant contended that he was covered under the policy that plaintiff issued to defendant’s […]

Jan 10, 2017

Insurance – Auto – UIM – Per Accident/Per Person Limit

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 paid its liability limits on a per-accident basis. Therefore, an injured motorcycle driver’s underinsured motorist […]

Jan 5, 2017

Insurance – Auto – UIM – Civil Practice – Statute of Limitation – Subrogation

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: After being injured in a multi-car accident, defendants accepted the liability limits from an underinsured […]

Nov 30, 2016

Insurance – Auto – UIM – California Policy – No Stacking

Foster v. Wilet (Lawyers Weekly No. 004-021-16, 6 pp.) (Max Cogburn Jr., J.) 3:15-cv-00397; W.D.N.C. Holding: Both California law (where plaintiff received his auto insurance policy) and the policy itself are clear: since plaintiff’s coverage was for $100,000 and since plaintiff has received a total of $100,000 from the two drivers involved in the accident […]

Sep 14, 2016

Insurance – Auto – UIM – Coverage Caps – Individual & Accident

Nationwide Property & Casualty Insurance Co. v. Gosnell (Lawyers Weekly No. 002-018-16, 9 pp.) (James Dever III, C.J.) 5:15-cv-00071; E.D.N.C. Holding: Where (1) a tortfeasor caused an accident that injured the three defendants; (2) the tortfeasor’s liability limits with Allstate Insurance Co. were $100,000 per person and $300,000 per accident; (3) Allstate paid each defendant […]

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