McCaskill v. Pennsylvania National Mutual Casualty Insurance

ARNOLD, Chief Judge.

Plaintiff contends that the trial court erred by entering summary judgment in favor of defendant and denying plaintiff’s motion for summary judgment. Because the accident occurred in 1990, the disposition of this case is governed by the pre-1991 version of N.C. Gen. Stat. § 20-279.21(b)(4), which stated:

In any event, the limit of underinsured motorist coverage applicable to any claim is determined to be the difference between the amount paid to the claimant pursuant to the exhausted liability policy and the total limits of the owner’s underinsured motorist coverages…