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HARTFORD UNDERWRITERS INS. CO. v. BECKS

No. COA94-1369.

473 S.E.2d 427 (1996)

HARTFORD UNDERWRITERS INSURANCE COMPANY, Plaintiff, v. Berrien BECKS, Jr., Administrator of the Estate of Kathleen E. Lucas and the Estate of James G. Lucas, Sr., and James G. Lucas, Jr., Defendants.

Court of Appeals of North Carolina.

August 6, 1996.

Attorney(s) appearing for the Case

Thompson, Barefoot & Smyth, L.L.P. by Theodore B. Smyth, Raleigh, for plaintiff-appellee.

Parker, Poe, Adams & Bernstein, L.L.P. by Stephen D. Coggins, Regina J. Wheeler, and Kiah T. Ford, IV, Charlotte, for defendants-appellants.

JOHN, Judge.

In this action for declaratory judgment regarding UIM coverage, defendants primarily assign error to the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict. We find defendants' arguments unpersuasive.

Pertinent facts and procedural information are as follows: On 16 December 1989 in Volusia County, Florida, Kathleen E. Lucas (Mrs. Lucas) and James G. Lucas, Sr. (Mr. Lucas), were fatally injured in...

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