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SMITH v. NATIONWIDE MUT. INS. CO.

No. 130A90.

400 S.E.2d 44 (1991)

328 N.C. 139

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

Supreme Court of North Carolina.

February 7, 1991.

Attorney(s) appearing for the Case

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

LeBoeuf, Lamb, Leiby & MacRae by Peter M. Foley and Stephanie L. Hutchins, Raleigh, for defendant-appellee.

FRYE, Justice.

The issue presented in this appeal is whether the Court of Appeals erred in holding that the underinsured motorist (UIM) coverages provided in two separate automobile insurance policies issued to the individual plaintiff may not be aggregated or "stacked" to compensate for the death of his daughter who was killed while driving a vehicle owned by the individual plaintiff and the daughter, given that the daughter...

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