Progressive American Insurance v. Vasquez

ORR, Justice.

In this case, we are asked to decide, inter alia, the threshold issue of whether N.C.G.S. § 20-279.21 of the Financial Responsibility Act requires a commercial excess liability policy to offer separate uninsured and underinsured motorist (“UM” and “UIM,” respectively) coverage in addition to what is offered by the underlying policy.

On 1 April 1994, defendant Aetna Casualty & Surety Company (now known as Travelers Casualty and Surety Company) issued a “Business Auto Coverage Policy” (“BAP”) and a separate “Commercial Excess Liability Insurance Policy” to “T.A. Loving Company.” The…