Legal Opinion

Manning v. Fletcher

Court of Appeals of North Carolina

Decided September 20, 1988No. 877SC1136PublishedCited by 2 opinions

1Opinion of the Court

ORR, Judge.

The sole issue on appeal is whether the trial court erred by not reducing Farm Bureau’s underinsured motorist coverage obligation by the total amount of workers’ compensation paid to plaintiff.

N.C.G.S. § 20-279.21(b)(4) requires insurers to provide underinsured motorist coverage to the extent that “the limit of payment is only the difference between the limits of the liability insurance that is applicable and the limits of the underinsured motorist coverage as specified in the owner’s policy.” This effectively limits the payment to the difference between defendant Fletcher’s…

2Cases cited4 opinions

  1. American Tours, Inc. v. Liberty Mutual InsuranceSupreme Court of North Carolina · 1986
  2. South Carolina Insurance v. SmithCourt of Appeals of North Carolina · 1984
  3. Davidson v. United States Fidelity & Guaranty Co.Court of Appeals of North Carolina · 1985
  4. Davidson v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1986

3Cited by2 opinions

  1. Manning v. FletcherCourt of Appeals of North Carolina · 1991
  2. Brantley v. StarlingCourt of Appeals of North Carolina · 1993

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