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HAMBY v. WILLIAMS

No. COA08-662.

676 S.E.2d 478 (2009)

Benji HAMBY, Plaintiff, v. Adam P. WILLIAMS, Defendant.

Court of Appeals of North Carolina.

May 5, 2009.

Attorney(s) appearing for the Case

Ramsay Law Firm, P.A., by Martha L. Ramsay, Charlotte, for plaintiff-appellant.

York, Williams, Barringer & Lewis, L.L.P., by Gregory C. York and Angela M. Easley, Charlotte, for defendant-appellee.

STEELMAN, Judge.

Where the underinsured motorists provision of an automobile insurance policy provides for payment of "compensatory damages" and the arbitration award defers the issue of prejudgment interest to the trial court, the trial court erred in refusing to award plaintiff prejudgment interest on the amount of the arbitration award.

I. Factual and Procedural Background

Benji Hamby (plaintiff) filed this action on 17 May 2006 to recover...

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