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GURGANIOUS v. INTEGON GENERAL INS. CORP.

No. 915SC1060.

423 S.E.2d 317 (1992)

108 N.C. App. 163

Radford GURGANIOUS and wife, Shirley Gurganious, Plaintiffs, v. INTEGON GENERAL INSURANCE CORPORATION, Defendant.

Court of Appeals of North Carolina.

December 1, 1992.

Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiffs-appellees.

Johnson & Lambeth by Maynard M. Brown, Wilmington, for defendant-appellant.

ARNOLD, Judge.

Defendant argues that since a UIM insurance carrier's liability is derivative of the primary tort-feasor's liability, and the action against the primary tort-feasor was dismissed with prejudice, the present action is barred by res judicata. However, our Supreme Court has held that a final judgment between the primary tort-feasor and plaintiff does not necessarily bar a subsequent claim against the UIM carrier. Silvers v. Horace Mann Ins. Co.,

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