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PROGRESSIVE AMERICAN INS. CO. v. VASQUEZ

No. 286PA98.

515 S.E.2d 8 (1999)

PROGRESSIVE AMERICAN INSURANCE COMPANY, a Corporation 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.

Supreme Court of North Carolina.

June 9, 1999.

Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock, P.A., by Glenn A. Barfield, Goldsboro, for defendant-appellant and -appellee Johnson; Mast, Schulz, Mast, Mills & Stem, P.A., by David F. Mills, Smithfield, for defendant-appellant and -appellee Faison; Law Offices of Jonathan S. Williams, by Jonathan S. Williams, Goldsboro, for defendant-appellant and -appellee Parker; Whitley, Jenkins & Riddle, by Eugene G. Jenkins, Kinston, for defendant-appellant and -appellee Lassiter.

Womble Carlyle Sandridge & Rice, PLLC, by Richard T. Rice and Garth A. Gersten, Winston-Salem, for defendant-appellant and -appellee Aetna Casualty and Surety Company.

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

Battle, Winslow, Scott & Wiley, P.A., by Marshall A. Gallop, Jr., Rocky Mount, on behalf of the North Carolina Association of Defense Attorneys, amicus curiae.

ORR, Justice.

In this case, we are asked to decide, inter alia, the threshold issue of whether N.C.G.S. § 20-279.21 of the Financial Responsibility Act requires a commercial excess liability policy to offer separate uninsured and underinsured motorist ("UM" and "UIM," respectively) coverage in addition to what is offered by the underlying policy.

On 1 April 1994, defendant Aetna Casualty & Surety Company (now known as Travelers Casualty and...

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