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SMITH v. NATIONWIDE MUT. INS. CO.

No. 8810SC1288.

388 S.E.2d 624 (1990)

Michael A. SMITH, Individually and As Administrator of the Estate of Crystal Michelle Smith, Deceased, v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

February 20, 1990.

Attorney(s) appearing for the Case

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Theodore B. Smyth, Raleigh, for plaintiff-appellee.

LeBoeuf, Lamb, Leiby & MacRae by Peter M. Foley and H. Chalk Broughton, Jr., Raleigh, for defendant-appellant.

BECTON, Judge.

This appeal presents the question whether the underinsured motorist ("UIM") coverages provided in two separate automobile insurance policies issued to the plaintiff-insured may be aggregated or "stacked" to compensate him for the death of his daughter who was killed while driving a vehicle owned by the insured and the daughter, given that the daughter and the vehicle were directly insured under only one of the policies. To answer this question, we must...

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