FARM BUREAU MUT. INS. CO. v. JENKINS

No. COA09-1523.

700 S.E.2d 434 (2010)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Mitchell Drew JENKINS, Defendant.

Court of Appeals of North Carolina.

October 19, 2010.


Attorney(s) appearing for the Case

Willardson Lipscomb & Miller, L.L.P., by William F. Lipscomb , Wilkesboro, for plaintiff-appellee.

Lewis & Daggett, Attorneys at Law, P.A., by Douglas E. Nauman , Winston-Salem, for defendant-appellant.

Young Moore and Henderson P.A. by Glenn C. Raynor and Bryan G. Scott , Raleigh, for the North Carolina Association of Defense Attorneys, amicus curiae.


STROUD, Judge.

Defendant appeals a summary judgment order allowing summary judgment in favor of plaintiff for a declaratory judgment that defendant was not entitled to underinsured motorist coverage. As we have concluded that one of the policy holders was given the opportunity to reject or select differing coverage amounts of underinsured motorist coverage, there are no genuine issues of material fact and plaintiff is entitled to judgment as a matter of law. Accordingly...

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