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N.C. FARM BUREAU MUT. INS. v. STAMPER

No. COA95-1000.

468 S.E.2d 584 (1996)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Doris Jean STAMPER, individually and as the Administratrix of the Estate of Melvin Stamper, Deceased, Defendants.

Court of Appeals of North Carolina.

April 16, 1996.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A. by Samuel S. Woodley and M. Greg Crumpler, Rocky Mount, and Chichester Law Office by Gilbert W. Chichester, Littleton, for defendant appellants and cross-appellees.

Thompson, Barefoot & Smyth, L.L.P. by Theodore B. Smyth, Raleigh, for plaintiff appellee and cross-appellant.

ARNOLD, Chief Judge.

Defendants argue that the trial court erred in determining that no UIM benefits were provided through decedent's BAP because the covered vehicle was not a "private passenger motor vehicle" as required for interpolicy stacking under N.C.Gen.Stat. § 20-279.21(b)(4) (1993). We disagree.

The statute governing the stacking of UIM policies was amended and became effective in 1991, and decedent's BAP was issued in 1992. Therefore, the UIM...

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