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IODICE v. JONES

No. COA98-770.

514 S.E.2d 291 (1999)

Aline Joan IODICE, James V. Iodice and Mary J. Iodice, Plaintiffs, v. Thomas Richard JONES, Defendant.

Court of Appeals of North Carolina.

April 20, 1999.

Attorney(s) appearing for the Case

Teague, Rotenstreich & Stanaland, L.L.P. by Kenneth B. Rotenstreich and Ian J. Drake, Greensboro, for unnamed defendant-appellant Nationwide Mutual Insurance Company.

Womble Carlyle Sandridge & Rice, PLLC by Allen R. Gitter and Jack M. Strauch, Winston-Salem, for unnamed defendant-appellee Government Employees Insurance Company.

No brief filed for plaintiffs or for named defendant.

GREENE, Judge.

Nationwide Insurance Company (Nationwide) appeals from the trial court's declaratory judgment ordering Nationwide and Government Employees Insurance Company (GEICO)1 to "share the $62,500 set off credit ... pro rata in proportion to their respective limits of underinsured motorist [(UIM)] coverage."

The facts of this case are not in dispute. Aline Joan Iodice (Iodice) was injured in an automobile accident...

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