BROWN v. TRUCK INS. EXCHANGE

No. 9015SC713.

404 S.E.2d 172 (1991)

103 N.C. App. 59

Robin G. BROWN, Personal Representative of the Estate of Carl S. Brown, Plaintiff, v. TRUCK INSURANCE EXCHANGE, A California Corporation, Defendant.

Court of Appeals of North Carolina.

May 21, 1991.


Attorney(s) appearing for the Case

Northen, Blue, Little, Rooks, Thibaut & Anderson by J. William Blue, Jr. and Jo Ann Ragazzo Woods, Chapel Hill, for plaintiff-appellant.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by George W. Miller, Jr. and E. Elizabeth Lefler, Durham, for defendant-appellee.


JOHNSON, Judge.

This is an appeal from judgment by the court without a jury concluding as a matter of law that an insurance policy issued by defendant does not provide underinsured motorists coverage for Carl Brown. The court made, inter alia, the following findings of fact, to which plaintiff does not except.

On 29 June 1985, Carl Brown was a passenger in a car owned by a third party when it was struck by a vehicle driven by Terri Tripp. Mr. Brown...

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