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LIBERTY MUT. INS. CO. v. DITILLO

No. COA96-487.

482 S.E.2d 743 (1997)

LIBERTY MUTUAL INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company, Plaintiffs, v. Patricia E. DITILLO, Executrix of the Estate of John Joseph Ditillo; Paula C. Burgoon, Administratrix of the Estate of Ralph Jean Clark; Donna T. Stilwell, Administratrix of the Estate of Charles Bruce Stilwell; Reliance Insurance Company; and Day & Zimmerman, Inc., Defendants.

Court of Appeals of North Carolina.

April 1, 1997.

Attorney(s) appearing for the Case

Dean & Gibson, L.L.P. by Rodney Dean and D. Christopher Osborn, Charlotte, for plaintiff-appellee Liberty Mutual Insurance Company.

Golding, Meekins, Holden, Cosper & Stiles, L.L.P. by Harvey L. Cosper, Jr. and Scott A. Beckey, Charlotte, for plaintiff-appellee State Farm Mutual Automobile Insurance Company.

Kennedy, Covington, Lobdell & Hickman by Wayne Huckel, Charlotte, for defendant-appellant Reliance Insurance Company and Day & Zimmerman, Inc.

J. Jerome Miller, Charlotte, for defendant-appellant Patricia E. Ditillo.

John E. Hodge, Jr., Charlotte, for defendant-appellant Donna T. Stilwell.

Ronald H. Cox, Monroe, for defendant-appellant Paula C. Burgoon.

EAGLES, Judge.

We note that Reliance failed to file their notice of appeal within thirty days from the judgment as required by N.C.R.App. P. 3. However, in our discretion and pursuant to N.C.R.App. P. 2, 21, we treat Reliance's appeal as a petition for writ of certiorari and allow the petition in the interest of justice.

We first consider whether the trial court erred in its conclusion that defendant-employees' potential uninsured motorist benefits were subject...

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