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LUNSFORD v. MILLS

No. 385PA13.

766 S.E.2d 297 (2014)

Douglas Kirk LUNSFORD v. Thomas E. MILLS, James W. Crowder, III, and Shawn T. Buchanan.

Supreme Court of North Carolina.

December 19, 2014.

Attorney(s) appearing for the Case

Abrams & Abrams, P.A., Raleigh, by Noah B. Abrams , Douglas B. Abrams , Margaret S. Abrams , and Melissa N. Abrams , for plaintiff-appellee.

Nelson Levine de Luca & Hamilton, Greensboro, by David L. Brown , Brady A. Yntema , and David G. Harris, II , for unnamed defendant-appellant North Carolina Farm Bureau Mutual Insurance Company.

White & Stradley, PLLC, Raleigh, by J. David Stradley ; and Whitley Law Firm, by Ann C. Ochsner , for North Carolina Advocates for Justice, amicus curiae.

Sparkman Larcade, PLLC, by George L. Simpson, IV , for North Carolina Association of Defense Attorneys and Property Casualty Insurers Association of America, amici curiae.

The primary issue in this appeal is whether an insured may, in a situation in which there is more than one at-fault driver responsible for the accident causing the insured's injuries, recover under his or her underinsured motorist (UIM) policy before exhausting the liability insurance policies of all the at-fault drivers. We conclude...

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