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BROWN v. LUMBERMENS MUTUAL CASUALTY COMPANY

No. 48.

204 S.E.2d 829 (1974)

285 N.C. 313

B. Walton BROWN, Administrator of the Estate of Ronald Wilson Walker v. LUMBERMENS MUTUAL CASUALTY COMPANY.

Supreme Court of North Carolina.

May 15, 1974.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Henson, Donahue & Elrod, by Joseph E. Elrod, III, Greensboro, for defendant appellee.

Robert Morgan, Atty. Gen., and Charles A. Lloyd, Asst. Atty. Gen., Randolph, for John Randolph Ingram, Comm. of Ins., amicus curiae.

SHARP, Justice:

This appeal presents one question: Is an action against an insurer, brought under the uninsured motorist insurance endorsement to an automobile liability insurance policy to recover damages for a death caused by the wrongful act of an uninsured motorist, subject to the two-year statute of limitations prescribed for the commencement of the tort action for wrongful death, G.S. § 1-53(4) or the three-year limitation prescribed for actions on contract...

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