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ERIE INS. EXCHANGE v. MILLER

No. COA02-699.

584 S.E.2d 857 (2003)

ERIE INSURANCE EXCHANGE, Plaintiff, v. Robbin D. MILLER, Ollie K. Miller, and United States Fidelity and Guaranty Company, Defendants.

Court of Appeals of North Carolina.

September 2, 2003.

Attorney(s) appearing for the Case

Bailey & Thomas, P.A., by John R. Fonda, Winston-Salem, for plaintiff-appellee.

Donaldson & Black, P.A., by Arthur J. Donaldson and Rachel Scott Decker, Greensboro, for defendants-appellants.

GEER, Judge.

Defendants Robbin D. Miller and Ollie K. Miller, who purchased an automobile liability insurance policy from plaintiff Erie Insurance Exchange ("Erie"), have appealed from the trial court's order granting Erie's motion for summary judgment and declaring that Millers' written rejection of underinsured motorist coverage was valid and enforceable. The question presented by this appeal is whether Erie's inclusion in its insurance application form of a section...

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