Legal Opinion

North Carolina Counties Liability & Property Joint Risk Management Agency v. Curry

Court of Appeals of North Carolina

Decided July 1, 2008No. COA06-1664PublishedCited by 3 opinions

1Opinion of the Court

GEER, Judge.

Defendant Ernest M. Curry, Jr. appeals from a summary judgment order entered in favor of plaintiff, the North Carolina Association of County Commissioners’ North Carolina Counties Liability and Property Joint Risk Management Agency (“NCACC/LPP”). The sole question presented by this appeal is whether the set-off provisions applicable to underinsured motorist coverage under the NCACC/LPP policy require that sums received by Curry from other sources be deducted from Curry’s total damages or from the policy’s limits of liability. Because the policy is ambiguous on this point, we are…

2Cases cited16 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Rodriguez v. General Accident Insurance Co. of AmericaSupreme Court of Missouri · 1991
  3. Krombach v. Mayflower Ins. Co., Ltd.Supreme Court of Missouri · 1992
  4. Beam v. Wausau Insurance Co.Indiana Supreme Court · 2002
  5. Williams v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1967

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3Cited by3 opinions

  1. Duke Energy Carolinas, LLC v. Ag Ins. sa/nv.North Carolina Business Court · 2020
  2. NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK MANAGEMENT AGENCY v. CurrySupreme Court of North Carolina · 2008
  3. Nolan v. CookeCourt of Appeals of North Carolina · 2009

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