Bass v. North Carolina Farm Bureau Mutual Insurance

COZORT, Judge.

This case is before this Court on remand from the North Carolina Supreme Court, to be reconsidered in light of that Court’s recent decision in Smith v. Nationwide Mut. Ins. Co., 328 N.C. 139, 400 S.E.2d 44 (1991). Following Smith, we find the underinsured motorist coverages provided in plaintiff’s automobile insurance policies are stackable. We hold the trial court incorrectly entered summary judgment for the defendant, and we reverse.

We set out the facts in detail in Bass v. North Carolina Farm Bureau Mut. Ins. Co., 100 N.C. App. 728, 398 S.E.2d 47 (1990), and will not repeat…