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ERWIN v. TWEED

No. COA00-250.

544 S.E.2d 803 (2001)

Walter Clark ERWIN, Plaintiff, v. Lena Lowdermilk TWEED, Defendant.

Court of Appeals of North Carolina.

April 3, 2001.

Attorney(s) appearing for the Case

Bryce Thomas & Associates, by Bryce O. Thomas, Jr., Hickory, for the plaintiff-appellee.

Willardson & Lipscomb, L.L.P., by William F. Lipscomb, Wilkesboro, for unnamed defendant-appellant.

EAGLES, Chief Judge.

Unnamed defendant (hereinafter "Farm Bureau") appeals from the order and declaratory judgment finding that the plaintiff was entitled to underinsured motorist coverage under two insurance policies. The polices covered vehicles owned by Bellevue Farm Trust ("hereinafter BFT"). Plaintiff lives on Bellevue Farm with his parents and is a beneficiary of BFT.

The evidence presented at the hearing tends to show the following. On 19 December 1993...

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