Opinion
No. 13A86
Filed 6 May 1986
APPEAL by plaintiff pursuant to N.C.G.S. 7A-30(2) from a decision by a divided panel of the Court of Appeals, 78 N.C. App. 140, 336 S.E.2d 709 (1985), affirming summary judgment for defendant entered by Judge Burroughs on 10 December 1984 in MECKLENBURG Superior Court.
Lewis, Babcock, Gregory Pleicones by A. Camden Lewis and Daryl G. Hawkins; Hamel, Hamel Pearce, P.A., by Hugo A. Pearce, III and Reginald S. Hamel for plaintiff appellant.
Jones, Hewson Woolard by Harry C. Hewson and Hunter M. Jones for defendant appellee.
Plaintiff seeks a declaratory judgment that he is entitled to recover under his "underinsured motorist" coverage provided in his automobile liability policy issued by defendant. Both the trial court and a majority of the Court of Appeals, one judge dissenting, concluded that plaintiff was not entitled to any benefits under his underinsured motorist coverage. We agree. The decision of the Court of Appeals is, therefore,
Affirmed.