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PURCELL v. DOWNEY

No. COA03-347.

591 S.E.2d 556 (2004)

Robert Y. PURCELL, and wife, Mary Purcell, Plaintiffs, v. Oscar C. DOWNEY, and State Farm Mutual Automobile Insurance Company, Defendants.

Court of Appeals of North Carolina.

February 3, 2004.

Attorney(s) appearing for the Case

Currin & Dutra, L.L.P., by Lori A. Dutra and Amy R. Edge, Oxford, for plaintiffs-appellees.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Steven M. Sartorio and Christopher R. Kiger, Raleigh, for defendants-appellants.

ELMORE, Judge.

Defendant State Farm Mutual Automobile Insurance Company (State Farm) contends the trial court erred in denying its motion for summary judgment and granting summary judgment in favor of plaintiffs Robert and Mary Purcell in a declaratory judgment action to determine whether underinsured motorist (UIM) coverage was available to plaintiffs under two automobile insurance policies issued by State Farm. We agree, and therefore reverse the trial court's order...

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