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 ...

Tagged with: UIM

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 ...

Tagged with: UIM

Philadelphia Indemnity Insurance Co. v. Fryar (Lawyers Weekly No. 003-007-16, 6 pp.) (William Osteen Jr., J.) 1:15-cv-00591; M.D.N.C. Holding: Where the arbitration clause in the insurance policy at issue says that “disputes concerning coverage under this [UM/UIM] endorsement may not ...

Tagged with: UIM

Peterson v. Dillman (Lawyers Weekly No. 011-042-16, 10 pp.) (John Tyson, J.) Appealed from Sampson County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: The trial court granted partial summary judgment against the unnamed defendant-insurer/appellant, holding that appellant’s ...

Tagged with: UIM

Bacon v. Universal Insurance Co. (Lawyers Weekly No. 012-011-16, 17 pp.) (Mark Davis, J.) Appealed from Davidson County Superior Court (Mark Klass, J.) N.C. App. Unpub. Holding: Even though plaintiff has $1 million in liability coverage, (1) he chose uninsured ...

Tagged with: UIM

Integon National Insurance Co. v. Maurizzio (Lawyers Weekly No. 15-07-0240, 12 pp.) (John Tyson, J.) Appealed from Beaufort County Superior Court (Wayland Sermons Jr., J.) N.C. App. Holding: After two passengers were injured in a single-car accident and one passenger’s ...

Tagged with: UIM

North Carolina Farm Bureau Mutual Insurance Co. v. Paschal (Lawyers Weekly No. 14-06-1187, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (G. Wayne Abernathy, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: The ...

Tagged with: UIM

Creed v. Smith The plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of the plaintiff and his employer.

Tagged with: Arbitration Auto Insurance motion to compel UIM

Creed v. Smith Plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of plaintiff and his employer.

Tagged with: Arbitration Auto Insurance motion to compel UIM

Wood v. Nunnery Defendant in a personal injury action was found liable in tort to plaintiff for $300,000. He is not entitled to credit for the $202,627.58 paid to plaintiff by an underinsured motorist carrier pursuant to a contract (i.e., the insurance policy).

Tagged with: Civil Practice Judgments Tort/Negligence UIM