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BENTON v. HANFORD

No. COA08-44.

671 S.E.2d 31 (2009)

Johnny V. BENTON, Jr. and Veronica Tyndall, Plaintiffs, v. Timothy S. HANFORD and Progressive Southeastern Insurance Company, Defendants.

Court of Appeals of North Carolina.

January 20, 2009.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene and Tobias S. Hampson, Raleigh, and Henson & Fuerst, P.A., by William S. Hoyle, Rocky Mount, for plaintiff-appellees.

Young Moore and Henderson P.A., by Glenn C. Raynor, Raleigh, for defendant-appellant.

Maynard & Harris, PLLC, by C. Douglas Maynard, Jr., Winton-Salem, for amicus curiae North Carolina Academy of Trial Lawyers.

STROUD, Judge.

This case presents two issues to this Court: (1) whether a tortfeasor's underinsured motorist ("UIM") insurance policy which covers a person occupying the tortfeasor's vehicle may be stacked with the injured party's separate UIM policy in order to determine the total UIM coverage available to the injured party, and (2) how the credit for the applicable liability coverage should be divided between the tortfeasor's insurer and the injured party's insurer...

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