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MARTIN v. CONTINENTAL INS. CO.

No. COA95-633.

474 S.E.2d 146 (1996)

Phyllis A. MARTIN, and Titus M. Martin, Plaintiffs v. The CONTINENTAL INSURANCE CO., Allstate Insurance Company, and Kenneth Wayne Miller, Defendants.

Court of Appeals of North Carolina.

September 3, 1996.

Attorney(s) appearing for the Case

Whitley, Jenkins & Associates by Robert E. Whitley, Kinston, for plaintiff-appellants.

Wallace, Morris, Barwick & Rochelle, P.A. by P.C. Barwick, Jr., Kinston, for defendant-appellee Allstate Insurance Company.

Morris York Williams Surles & Brearley by John F. Morris and Richard M. Chamberlain, Charlotte, for defendant-appellee Continental Insurance Company.

SMITH, Judge.

In this declaratory judgment action, plaintiffs appeal the trial court's determination that plaintiff Phyllis Martin (Martin) was not afforded underinsured motorist (UIM) or uninsured motorist (UM) coverage through a fleet policy of insurance issued by defendant Continental Insurance Company (Continental) to Martin's employer. Two issues are presented by this appeal. The first question concerns whether the fleet policy at hand is governed by North Carolina...

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