Baxley v. Nationwide Mutual Insurance Co.

EAGLES, Judge.

This case returns to this Court after remand to the trial court by our Supreme Court. See Baxley v. Nationwide Mutual Ins. Co., 334 N.C. 1, 430 S.E.2d 895 (1993).

Briefly summarized, the facts are as follows:

Plaintiff, having underinsured motorist coverage (UIM) in the amount of $100,000 per person and medical payments coverage in the amount of $10,000 through defendant, Nationwide Mutual Insurance Company (Nationwide), obtained a judgment awarding her compensatory damages in the amount of $100,000 in a negligence action against the driver of a vehicle which hit a vehicle in…