ONLEY v. NATIONWIDE MUT. INS. CO.

No. COA94-804.

456 S.E.2d 882 (1995)

118 N.C. App. 686

Tony ONLEY, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY and Employers Mutual Casualty Company, Defendants.

Court of Appeals of North Carolina.

May 16, 1995.


Attorney(s) appearing for the Case

Parker, Pollard & Brown, P.C. by George C. Piemonte, Charlotte, for plaintiff-appellee.

Baucom, Claytor, Benton, Morgan, Wood & White, P.A. by Rex C. Morgan, Charlotte, for defendant-appellant Nationwide Mut. Ins. Co.

Caudle & Spears, P.A. by L. Cameron Caudle, Jr. and Timothy T. Leach, Charlotte, for defendant-appellant Employers Mut. Cas. Co.


GREENE, Judge.

Defendants, Nationwide Mutual Insurance Company (Nationwide) and Employers Mutual Casualty Company (Employers) appeal from an order entered 5 May 1994 in Mecklenburg County Superior Court allowing Tony Onley's (plaintiff) motion for summary judgment in his declaratory judgment action to determine entitlement to underinsured motorist (UIM) coverage.

The parties stipulated to the following facts: On 24 January 1988, plaintiff was operating

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