Gurganious v. Integon General Ins. Corp.

ARNOLD, Judge.

Defendant argues that since a UIM insurance carrier’s liability is derivative of the primary tort-feasor’s liability, and the action against the primary tort-feasor was dismissed with prejudice, the present action is barred by res judicata. However, our Supreme Court has held that a final judgment between the primary tort-feasor and plaintiff does not necessarily bar a subsequent claim against the UIM carrier. Silvers v. Horace Mann Ins. Co., 324 N.C. 289, 378 S.E.2d 21 (1989).

As defendant properly points out, the Silvers decision was based upon the 1983 version of N.C. Gen.…