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TURNER v. MASIAS

No. 777DC363.

243 S.E.2d 401 (1978)

Henry T. TURNER, First Party Plaintiff, American Security Insurance Company, Second Party, Plaintiff, v. Raymond MASIAS, First Party Defendant, Robert Hugh Pearson, Second Party Defendant, Allstate Insurance Company, Third Party, Defendant.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Grover Prevatte Hopkins by Herbert Frank Allen, Tarboro, for plaintiffs-appellants.

Moore, Diedrick & Whitaker by L. G. Diedrick, Rocky Mount, for defendant-appellee, Allstate Ins. Co.

MITCHELL, Judge.

The sole question presented by this appeal is whether paragraph 5(d) of Allstate's uninsured motorist coverage contract is a valid and enforceable provision and does not violate the terms or intent of the Motor Vehicle Safety-Responsibility Act of 1953, G.S. 20-279.1 through G.S. 20-279.39 [hereinafter the "Act"]. American contends that the reduction clause in Allstate's uninsured motorist policy frustrates the intent and violates the terms of G.S...

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