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NORTH CAROLINA COUNTIES LIABILITY v. CURRY

No. COA06-1664.

662 S.E.2d 678 (2008)

NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK MANAGEMENT AGENCY, Plaintiff, v. Ernest M. CURRY, Jr., Defendant.

Court of Appeals of North Carolina.

July 1, 2008.

Attorney(s) appearing for the Case

Teague, Campbell, Dennis & Gorham, LLP, by Courtney C. Britt, William A. Bulfer and George H. Pender, Raleigh, for plaintiff-appellee.

Baker & Slaughter, P.A., by H. Mitchell Baker, III and M. Troy Slaughter, Wilmington, for defendant-appellant.

GEER, Judge.

Defendant Ernest M. Curry, Jr. appeals from a summary judgment order entered in favor of plaintiff, the North Carolina Association of County Commissioners' North Carolina Counties Liability and Property Joint Risk Management Agency ("NCACC/LPP"). The sole question presented by this appeal is whether the set-off provisions applicable to underinsured motorist coverage under the NCACC/LPP policy require that sums received by Curry from other sources be deducted...

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