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BLACKBURN v. STATE FARM MUT. AUTO. INS. CO.

No. COA99-1408.

540 S.E.2d 63 (2000)

Suzanne M. BLACKBURN, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Gibbons, Cozart, Jones, Hughes, Sallenger & Taylor, by W. Earl Taylor, Jr., Wilson, for plaintiff-appellee.

DeBank & Honeycutt, by John T. Honeycutt, Raleigh, for defendant-appellant.

Young, Moore and Henderson, P.A., by R. Michael Strickland and Robert C. Paschal, Raleigh, for amicus curiae North Carolina Rate Bureau.

WALKER, Judge.

On 3 May 1999, plaintiff filed this action seeking a declaratory judgment that the policy of automobile insurance issued by defendant provided underinsured motorists (UIM) coverage to plaintiff on 26 March 1998 because the purported UIM and uninsured (UM) selection/rejection form executed by plaintiff's husband (Mr. Blackburn) was invalid.

Mr. Blackburn procured automobile insurance coverage with defendant on 15 August 1995, at which time he...

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