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NATIONWIDE MUT. INS. CO. v. HAIGHT

No. COA01-1056.

566 S.E.2d 835 (2002)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Sondra A. HAIGHT and Jimmie F. Mills, Administrator of the Estate of James Robert Scott Haight, Defendants.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Baucom, Claytor, Benton, Morgan & Wood, P.A., by Rex C. Morgan and Jason James, Charlotte, for plaintiff-appellant.

Weaver, Bennett & Bland, P.A., by Michael David Bland, Benjamin L. Worley, and Roderick Ventura, Matthews, for defendant-appellees.

HUDSON, Judge.

Nationwide Mutual Insurance Company ("Nationwide") appeals from a declaratory judgment ordering it to pay defendants $300,000 in underinsured motorist ("UIM") coverage. For the reasons given below, we reverse and remand to the superior court for entry of a new order consistent with this opinion.

On 7 July 1996, a vehicle driven by Charles Weston Holleman failed to yield the right of way to a vehicle...

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