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

No. COA96-734.

488 S.E.2d 628 (1997)

Tammy A. WILMOTH and Jeffrey Wilmoth Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

August 19, 1997.

Attorney(s) appearing for the Case

Thompson & Smyth, L.L.P. by Theodore B. Smyth, Raleigh, and Law Office of Charles Darsie, by Charles Darsie, Durham, for plaintiffs-appellants.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by John R. Kincaid, Robert E. Levin and George W. Miller, Jr., Durham, for defendant-appellee.

JOHN, Judge.

Plaintiffs appeal the trial court's dismissal pursuant to N.C.R. Civ. P. 12(b)(6) of their claim against defendant State Farm Mutual Automobile Insurance Company, Inc., for underinsured motorist (UIM) benefits. We reverse the trial court.

Pertinent allegations by plaintiffs and procedural background are as follows: On 9 June 1992, plaintiff Tammy A. Wilmoth (Wilmoth) suffered severe and permanent injuries in a collision between a 1987 Nissan Maxima...

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