McMillian v. N.C. Farm Bureau Mutual Ins. Co., 125 NC App 247 (96-383) 02/04/1997 Link to original WordPerfect file

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McMillian v. N.C. Farm Bureau Mutual Ins. Co.

No. COA96-383

(Filed 4 February 1997)

1.    Insurance § 509 (NCI4th)-- employee injured in automobile accident -- UM coverages -- no reduction for workers' compensation -- subrogation for compensation carrier

    The amount of uninsured motorist (UM) coverage for a passenger injured in an automobile accident in the course and scope of his employment should not be reduced by the amount of workers' compensation benefits paid to the passenger where the UM coverage was provided by personal automobile policies paid for by the passenger and driver rather than by business automobile policies, even though the policies contained a workers' compensation exclusion. However, the workers' compensation carrier was entitled, pursuant to N.C.G.S. § 97-10.2, to be subrogated to any payment, including UM insurance proceeds, made to plaintiff by or on behalf of a third party as a result of plaintiff's injury.

     Am Jur 2d, Automobile Insurance §§ 293 et seq.

     Insured's right to bring direct action against insurer for uninsured motorist benefits. 73 ALR3d 632.

     Who is "member" or "resident" of same "family" or "household," within nofault or uninsured motorist provisions of motor vehicle insurance policy. 96 ALR3d 804.

     Applicability of uninsured motorist statutes to self- insurers. 27 ALR4th 1266.

2.    Insurance § 509 (NCI4th)-- UM coverage -- loss of consortium

    If an injured passenger's wife is awarded damages for loss of consortium, the UM carriers for personal automobile policies issued to the passenger and driver would be liable to her to the extent that the coverages are not exhausted.

     Am Jur 2d, Automobile Insurance §§ 293 et seq.

     Insured's right to bring direct action against insurer for uninsured motorist benefits. 73 ALR3d 632.

     Who is "member" or "resident" of same "family" or "household," within nofault or uninsured motorist provisions of motor vehicle insurance policy. 96 ALR3d 804.

     Applicability of uninsured motorist statutes to self- insurers. 27 ALR4th 1266.

NO. COA96-383

NORTH CAROLINA COURT OF APPEALS

Filed: 4 February 1997

Douglas H. McMillian and Margaret S. McMillian,

        Plaintiffs

     v.

North Carolina Farm Bureau Mutual Insurance Company, and Allstate Insurance Company,

        Defendants.

     Appeal by plaintiffs from judgment entered 25 January 1996 by Judge Howard R. Greeson, Jr., in Rockingham County Superior Court. Heard in the Court of Appeals 6 January 1997.

    Robert S. Hodgman and Associates, by Robert S. Hodgman, for plaintiff appellants.

    Henson & Henson, L.L.P., by Perry C. Henson, Jr., and Rachel Scott Decker, for defendant appellee North Carolina Farm Bureau Mutual Insurance Company.