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HERBERT v. MARCACCIO

No. COA10-876.

713 S.E.2d 531 (2011)

Nanette HERBERT, Administrator of the Estate of Shirley L. Sykes, Plaintiff, v. Kay Harrison MARCACCIO and John Douglas Marcaccio, Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A., Rocky Mount, by M. Greg Crumpler , for plaintiff-appellant.

Cranfill Sumner & Hartzog LLP, Cranfill, by F. Marshall Wall , for defendants-appellees.

Poyner Spruill LLP, Rocky Mount, by Timothy W. Wilson , for unnamed defendant-appellee North Carolina Farm Bureau Mutual Insurance Company, Inc.

GEER, Judge.

Plaintiff Nanette Herbert, in her capacity as administrator of the Estate of Shirley L. Sykes, appeals from an order denying her demand for arbitration and her motion to stay proceedings in an underinsured motorist ("UIM") action. Plaintiff argues on appeal that the trial court erred in denying her demand for arbitration based on its conclusions (1) that her right to arbitration had not yet accrued, (2) that she had waived her right to demand arbitration...

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