HIEB v. ST. PAUL FIRE & MARINE INS. CO.

No. 9226SC1122.

435 S.E.2d 826 (1993)

Gabriella Murray HIEB and Robert Nelson Hieb, Plaintiffs, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Hartford Accident and Indemnity Company, Defendants.

Court of Appeals of North Carolina.

November 2, 1993.


Attorney(s) appearing for the Case

Monnett, Berry & Roberts, by Charles G. Monnett III, Charlotte, for plaintiffs-appellants.

Dean & Gibson, by Rodney Dean, Charlotte, for defendant-appellee St. Paul Fire and Marine Ins. Co.

Hedrick, Eatman, Gardner & Kincheloe, by Edward L. Eatman, Jr., John F. Morris, and Kent C. Ford, Charlotte, for defendant-appellee Hartford Acc. and Indem. Co.


WELLS, Judge.

Plaintiffs contend that the trial court erred in granting summary judgment in favor of defendant Hartford permitting Hartford to reduce the limits of its UIM coverage by any amounts paid or to be paid to Mrs. Hieb or on her behalf by St. Paul as workers' compensation benefits. We agree.

When a motion for summary judgment is granted, the questions for determination on appeal are whether, on the basis of the materials presented at trial, there...

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