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STATE FARM MUT. AUTO. INS. CO. v. YOUNG

No. 9321SC269.

443 S.E.2d 756 (1994)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Andrew Jesse YOUNG, Mary Cortez Wimberly, Nicholas Young, a Minor, and May Gee Young, a Minor, Defendants.

Court of Appeals of North Carolina.

June 7, 1994.

Attorney(s) appearing for the Case

Frazier, Frazier & Mahler by James D. McKinney and Torin L. Fury, Greensboro, for plaintiff-appellee.

Robinson Maready Lawing & Comerford by W. Thompson Comerford, Jr., and Jerry M. Smith, Winston-Salem, for defendant-appellants.

MARTIN, Judge.

Plaintiff brought this declaratory judgment action seeking a determination of its obligations under the underinsured motorist coverage provisions of automobile insurance policies issued to its insureds, defendants Andrew Jesse Young (hereinafter "Young") and Mary Cortez Wimberly (hereinafter "Wimberly"). The parties stipulated to the following facts. On 26 January 1990, Nicholas Young ("Nicholas"), the minor son of defendants Young and Wimberly, sustained...

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