TURNAGE v. NATIONWIDE MUT. INS. CO.

No. 913SC995.

426 S.E.2d 433 (1993)

109 N.C. App. 300

Elijah Tom TURNAGE, et al., Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

March 2, 1993.


Attorney(s) appearing for the Case

Hiram J. Mayo, Jr., New Bern, for plaintiff-appellee.

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


LEWIS, Judge.

The question presented by this appeal is whether or not under these facts an uninsured motorist carrier is liable for attorney's fees and costs in tort actions though not a named defendant in those tort actions. We answer in the affirmative.

The plaintiff, individually and as guardian ad litem for his son, brought tort actions against Phines James McDowell for bodily injuries and for medical bills. Thomas Paul Turnage, who was a minor at the...

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