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PROGRESSIVE AMERICAN INS. CO. v. VASQUEZ

No. COA97-976.

502 S.E.2d 10 (1998)

PROGRESSIVE AMERICAN INSURANCE COMPANY, a Corporation, Plaintiff, v. Francisco VASQUEZ, Javier Luna, Tyvolia Faison, Administrator of the Estate of Daryell Glen Carlisle, Virginia Lassiter, Administrator of the Estate of Amos H. Bryant, Norman Johnson, Jr., William T. Parker, T.A. Loving, Inc., a Corporation, and Aetna Casualty & Surety Company, a Corporation, Defendants.

Court of Appeals of North Carolina.

June 16, 1998.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Richard T. Rice and Alison R. Bost, Winston-Salem, for defendant-appellant Aetna Casualty & Surety Company.

Yates, McLamb & Weyher, L.L.P. by Andrew A. Vanore, III, Raleigh, for defendant-appellant Aetna Casualty & Surety Company.

Barnes, Braswell & Haithcock, P.A. by Glenn A. Barfield, Goldsboro, for defendant-appellant Norman Johnson, Jr.

Jonathan S. Williams, P.C. by Jonathan S. Williams, Goldsboro, for defendant-appellant William T. Parker.

Mast, Schulz, Mast, Mills & Stem, P.A. by David F. Mills, Smithfield, for defendant-appellant Tyvolia Faison.

Whitley, Jenkins & Riddle by Eugene Jenkins, Kinston, for defendant-appellant Virginia Lassiter.

EAGLES, Chief Judge.

Aetna's Appeal

I.

We first consider whether the trial court erred in holding that the excess umbrella policy provides underinsured motorist coverage in addition to the underinsured motorist coverage already provided by the underlying business auto policy. Aetna argues that the umbrella policy does not expressly provide for UIM coverage and that UIM coverage, therefore, can only exist in the umbrella policy if it is read...

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