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PIAZZA v. LITTLE

No. 193PA98.

515 S.E.2d 219 (1999)

John N. PIAZZA, individually and as Executor of the Estate of Edith May Piazza v. Michelle C. LITTLE and Annie Lou Perry.

Supreme Court of North Carolina.

June 25, 1999.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Teresa DeLoatch Bryant and John M. Martin, Greenville, for plaintiff-appellee.

Yates, McLamb & Weyher, L.L.P., by R. Scott Brown and Travis K. Morton, Raleigh, for unnamed defendant-appellant Automobile Insurance Company of Hartford, Connecticut.

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.

Ellis, Hooper, Warlick and Morgan, by John Drew Warlick, Jr., Jacksonville, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

The sole issue in this case is whether N.C.G.S. § 20-279.21(b)(4) requires an excess personal liability policy to provide underinsured motorist (UIM) coverage where such coverage is expressly excluded by the terms of the policy. Pursuant to the Court's decision in Progressive Am. Ins. Co. v. Vasquez, ___ N.C. ___, 515 S.E.2d 8 (1999), it does not.

Under the decision in Progressive, an excess...

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