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LIBERTY MUT. INS. CO. v. DITILLO

No. 220A97.

499 S.E.2d 764 (1998)

348 N.C. 247

LIBERTY MUTUAL INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company 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.

Supreme Court of North Carolina.

May 8, 1998.

Attorney(s) appearing for the Case

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

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

Ronald H. Cox, Monroe, for defendant-appellant and -appellee Paula Burgoon, administratrix of the estate of Ralph Clark.

John E. Hodge, Jr., Charlotte, for defendant-appellant and -appellee Donna Stilwell, administratrix of the estate of Charles Stilwell.

Kennedy Covington Lobdell & Hickman, L.L.P. by Wayne Huckel, Charlotte, for defendant-appellees Reliance Ins. Co. and Day & Zimmerman, Inc.

FRYE, Justice.

This case arises out of an automobile accident on 31 January 1991 in which Charles Bruce Stilwell (Stilwell), Ralph Jean Clark (Clark), and John Joseph Ditillo (Ditillo) were killed. The issue to be decided is whether the uninsured motorist (UM) coverage in personal automobile policies owned by Stilwell and Clark is available to their estates where the amount of workers' compensation benefits exceeds the UM coverage limit of each policy. Based on N...

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