BRANCH v. TRAVELERS INDEM. CO.

No. 8726SC861.

367 S.E.2d 369 (1988)

David E. BRANCH, Administrator of the Estate of Cheryl Lynn Branch v. The TRAVELERS INDEMNITY COMPANY and Unigard Mutual Insurance Company.

Court of Appeals of North Carolina.

May 3, 1988.


Attorney(s) appearing for the Case

Tucker, Hicks, Moon, Hodge and Cranford, P.A. by John E. Hodge, Jr. and Michael F. Schultze, Charlotte, for plaintiff-appellant.

Wade and Carmichael by J.J. Wade, Jr., Charlotte, for defendant-appellee.


WELLS, Judge.

The question is whether insured's failure to comply with a provision of an insurance policy requiring him to obtain written consent from the insurer before settling the tort claim against the underinsured motorist relieves the insurer of any obligation to pay on the underinsurance coverage.

The facts are not in dispute. Plaintiff is the administrator of the estate of his daughter, who on 10 December 1983 was fatally injured in an accident while...

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