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DUTCH v. HARLEYSVILLE MUT. INS. CO.

No. COA99-667.

534 S.E.2d 262 (2000)

Suzette Alexis DUTCH, Executrix of the Estate of Edward Malcolm Dutch, Deceased, Plaintiff, v. HARLEYSVILLE MUTUAL INSURANCE COMPANY and USAA General Indemnity Company, Defendants.

Court of Appeals of North Carolina.

August 15, 2000.

Attorney(s) appearing for the Case

Gordon, Horne & Hicks, P.A., by Charles L. Hicks, Jr., Lauringburg, for plaintiff-appellee.

McDaniel, Anderson & Stephenson, L.L.P., by William E. Anderson and John M. Kirby, Raleigh, for defendant-appellee Harleysville Mutual Insurance Company.

Everett L. Henry, Lumberton, for defendant-appellant USAA General Indemnity Company.

JOHN, Judge.

Defendant USAA General Indemnity Company (USAA) appeals the trial court's declaratory judgment ruling that a policy of insurance issued by USAA (the USAA policy) provided underinsured motorists (UIM) coverage to Edward Malcolm Dutch (Dutch). We affirm.

The parties stipulated to the following pertinent facts: On 17 February 1995, Dutch was operating an automobile titled in the name of Dwayne Taylor and owned by Marvin F. Bullock d/b/a Laurel Hill...

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