Buchanan v. Atlantic Indemnity Co., (93-1241-2) 05/07/1996
NO. COA93-1241
NORTH CAROLINA COURT OF APPEALS
Filed: 7 May 1996
MARK JONATHAN BUCHANAN,
Plaintiff-Appellant
v.
ATLANTIC INDEMNITY COMPANY,
Defendant-Appellee
Appeal by plaintiff from order entered 13 September 1993 in
Buncombe County Superior Court by Judge Chase B. Saunders.
Originally heard in the Court of Appeals 13 September 1994.
Reconsidered in the Court of Appeals on 9 April 1996 upon mandate
of our Supreme Court.
Ball, Barden, Contrivo & Bell, P.A., by Ervin L. Ball, Jr.,
for plaintiff-appellant.
Steven D. Cogburn and Wyatt S. Stevens for defendant-
appellee.
JOHNSON, Judge.
On 18 October 1994, this Court issued an opinion reversing
summary judgment for the defendant in a declaratory judgment
action. Buchanan v. Atlantic Indemnity Co., 116 N.C. App. 735, 450
S.E.2d 355 (1994)(unpublished). On 9 February 1996, our Supreme
Court vacated our opinion and directed that we reconsider it in
light of Nationwide Mutual Ins. Co. v. Mabe, 342 N.C. 482, 467
S.E.2d 34 (1996). Buchanan, 342 N.C. 642, 466 S.E.2d 275 (1996).
Having so reconsidered, we reject defendant's argument that the
family member exclusion in its policy excludes underinsured motorists (UIM) coverage for injuries sustained by the insured
while occupying a vehicle owned by the insured which is not listed
in the policy. In Mabe, this Court rejected, as did our Supreme
Court, the "owned vehicle" or "family member" exclusion with regard
to UIM coverage. Mabe, 115 N.C. App. 193, 444 S.E.2d 664 (1994),
aff'd, 342 N.C. 482, 467 S.E.2d 34 (1996). Accordingly, the trial
court's entry of judgment for defendant is reversed and the case is
remanded to the trial court for entry of judgment for plaintiff.
Reversed and remanded.
Judges EAGLES and JOHN concur.
**** End of Document ****
Converted from WordPerfect