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N.C. FARM BUREAU MUT. INS. CO. v. GURLEY

No. COA99-861.

532 S.E.2d 846 (2000)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Sherry GURLEY, Jimmy D. Gurley, Guardian Ad Litem for Kathryn Lynn Gurley, and Wendy Woolard, by and through her Guardian Ad Litem, Gregory James, Defendants.

Court of Appeals of North Carolina.

July 18, 2000.

Attorney(s) appearing for the Case

Pinto Coates Kyre & Brown, PLLC, by Paul D. Coates and Nancy R. Meyers, Greensboro, for plaintiff-appellant.

Gaskins & Gaskins, P.A., by Herman E. Gaskins, Jr., Washington, for defendant-appellees Sherry Gurley and Kathryn Lynn Gurley.

Ward & Smith, P.A., by V. Stewart Couch and A. Charles Ellis, Greenville, for defendant-appellee Wendy N. Woolard.

LEWIS, Judge.

This is a case of first impression involving the interpretation of our underinsured motorist ("UIM") statute, which appears in section 20-279.21(b)(4) of our General Statutes. Specifically, we address whether the applicable limit of coverage under that statute is the UIM carrier's per-person or per-accident limit.

On 3 March 1996, an automobile owned and operated by defendant Kathryn Gurley collided with another automobile being driven by Charles...

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