North Carolina Farm Bureau Mutual Insurance v. Gurley

LEWIS, Judge.

This is a case of first impression involving the interpretation of our underinsured motorist (“UIM”) statute, which appears in section 20-279.21(b)(4) of our General Statutes. Specifically, we address whether the applicable limit of coverage under that statute is the UIM carrier’s per-person or per-accident limit.

On 3 March 1996, an automobile owned and operated by defendant Kathryn Gurley collided with another automobile being driven by Charles Fomes. The accident resulted from Mr. Fornes’ negligence. The three defendants, Kathryn Gurley and her two passengers, Sherry Gurley and…