ERIE INS. EXCHANGE v. SMITH

No. COA 20-246.

856 S.E.2d 874 (2021)

2021-NCCOA-63

ERIE INSURANCE EXCHANGE, Plaintiff v. Edward R. SMITH; Archie N. Smith, a minor; Emily A. Tobias, as Administrator of the Estate of John Pinto, Jr., Deceased; Valley Auto World, Inc.; Universal Underwriters Insurance Company; VW Credit Leasing, Ltd.; and Doe Insurance Companies 1-3, Defendants.

Court of Appeals of North Carolina.

Filed March 16, 2021.


Attorney(s) appearing for the Case

Martineau King PLLC, Charlotte, by Lee M. Thomas and Elizabeth A. Martineau , for plaintiff-appellee Erie Insurance Exchange.

Van Camp, Meacham & Meacham, PLLC, Pinehurst, by Thomas M. Van Camp , for defendant-appellees the Smiths.

Gallivan, White & Boyd, P.A., by James M. Dedman , Charlotte, and Tyler L. Martin , for defendant-appellant Universal Underwriters Insurance Company.


Factual and Procedural Background

¶ 1 This appeal involves a Declaratory Judgment action filed consistent with N.C. Gen. Stat. § 1-283 et seq., to establish the respective obligations, if any, of Erie Insurance Exchange (Erie) and Universal Underwriters Insurance Company (Universal...

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