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NATIONWIDE MUT. INS. CO. v. STATE FARM MUT. AUTOMOBILE INS. CO.

No. 9114SC1208.

426 S.E.2d 298 (1993)

109 N.C. App. 281

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Reynolds, Bryant, Patterson & Covington, P.A. by Lee A. Patterson, II, Durham, for plaintiff-appellant.

DeBank, McDaniel & Anderson by Douglas F. DeBank, Raleigh, for defendant-appellee.

LEWIS, Judge.

The sole issue raised by this appeal is whether a provider of underinsured motorist coverage who advances the policy limits of the liability carrier obtains an independent and separate right of reimbursement or is limited to the rights of the claimant to which it is subrogated. On the facts presented, we hold that an underinsured motorist carrier does not obtain an independent and separate right of reimbursement and we thereby affirm the decision of...

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