{
  "id": 5313521,
  "name": "DANIEL JOEL BAILEY and LINDA FAYE SHULER, Plaintiff-Appellants v. NATIONWIDE MUTUAL INSURANCE COMPANY, a stock insurance company, Defendant-Appellee",
  "name_abbreviation": "Bailey v. Nationwide Mutual Insurance",
  "decision_date": "1992-05-05",
  "docket_number": "No. 9128SC522",
  "first_page": "225",
  "last_page": "227",
  "citations": [
    {
      "type": "official",
      "cite": "106 N.C. App. 225"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "23 ALR4th 12",
      "category": "reporters:specialty",
      "reporter": "A.L.R. 4th",
      "opinion_index": -1
    },
    {
      "cite": "415 S.E.2d 767",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1992,
      "opinion_index": 0
    },
    {
      "cite": "106 N.C. App. 221",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        5313625
      ],
      "year": 1992,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/106/0221-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T19:35:11.401464+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges ARNOLD and WYNN concur."
    ],
    "parties": [
      "DANIEL JOEL BAILEY and LINDA FAYE SHULER, Plaintiff-Appellants v. NATIONWIDE MUTUAL INSURANCE COMPANY, a stock insurance company, Defendant-Appellee"
    ],
    "opinions": [
      {
        "text": "LEWIS, Judge.\nThe question in this case is whether an individual named in, but not the \u201cowner\u201d of, a motor vehicle liability insurance policy is permitted to \u201cstack\u201d coverage when the single policy insures two vehicles.\nOn 27 August 1988, plaintiffs Daniel Bailey and Linda Shuler were hit by a truck while riding on Mr. Bailey\u2019s motorcycle. Plaintiff\u2019s action against the truck driver is pending in Buncombe County Superior Court. The truck driver offered Ms. Shuler the limit on his bodily injury coverage, $100,000.00. Ms. Shuler filed a claim with Mr. Bailey\u2019s insurance company, defendant-Nationwide, to stack the underinsured motorist coverage on 26 June 1990. Mr. Bailey\u2019s policy, 61J165548, was issued for the period of 22 January 1988 through 22 July 1988 and was renewed until 22 January 1989. This policy listed Ms. Shuler as a named driver and insured, it listed her traffic violation within the last 5 years, and quoted a separate premium for each of Mr. Bailey\u2019s two vehicles: a 1988 Chevrolet Barretta and a 1978 Harley Davidson. The underinsured motorist bodily injury coverage was $100,000.00 per person and $300,000.00 limit per accident. At the time of the accident, Ms. Shuler resided with Mr. Bailey.\nDefendant-Nationwide refused to allow Ms. Shuler to stack the underinsured coverage for both the Barretta and the motorcycle. Nationwide insists that as a class II insured, Ms. Shuler is entitled only to the $100,000.00 underinsured coverage on the motorcycle and not to the $200,000.00 combined amount on both the Barretta and on the motorcycle. Plaintiffs filed suit against Nationwide on 19 September 1990. Because the trial court found that there was \u201cno underinsured coverage available to plaintiff in this action,\u201d the court granted summary judgment in favor of Nationwide on 7 March 1991. Plaintiffs appeal.\nWe have addressed the legal question at the heart of this suit, in the recent case of Davis v. Nationwide Mut. Ins. Co., 106 N.C. App. 221, 415 S.E.2d 767 (1992). In Davis, we held that a person listed as a named driver, but not the owner of the insurance policy, may stack the underinsured coverage on each of two cars when a single policy insures both vehicles. In light of this decision, summary judgment was improperly granted. Since no material issue of fact exists, and considering Davis, we reverse and remand for entry of summary judgment for the plaintiffs.\nReversed and remanded.\nJudges ARNOLD and WYNN concur.",
        "type": "majority",
        "author": "LEWIS, Judge."
      }
    ],
    "attorneys": [
      "Bazzle, Carr & Gasperson, P.A., by Ervin W. Bazzle, for plaintiffs.",
      "Nichols, Caffrey, Hill, Evans & Murrelle, by Paul D. Coates and ToNola D. Brown, for defendant."
    ],
    "corrections": "",
    "head_matter": "DANIEL JOEL BAILEY and LINDA FAYE SHULER, Plaintiff-Appellants v. NATIONWIDE MUTUAL INSURANCE COMPANY, a stock insurance company, Defendant-Appellee\nNo. 9128SC522\n(Filed 5 May 1992)\nInsurance \u00a7 69 (NCI3d)\u2014 automobile insurance \u2014named driver not owner \u2014stacking of underinsured motorist coverages\nA person listed as a named driver in a motor vehicle insurance policy but who is not an owner of the policy may stack the underinsured motorist coverage on each of two vehicles when the single policy insures both vehicles.\nAm Jur 2d, Automobile Insurance \u00a7 329.\nCombining or \u201cstacking\u201d uninsured motorist coverages provided in single policy applicable to different vehicles of individual insured. 23 ALR4th 12.\nAPPEAL by plaintiffs from an order entered on 7 March 1991 by Judge C. Walter Allen in BUNCOMBE County Superior Court. Heard in the Court of Appeals on 18 March 1992. -\nBazzle, Carr & Gasperson, P.A., by Ervin W. Bazzle, for plaintiffs.\nNichols, Caffrey, Hill, Evans & Murrelle, by Paul D. Coates and ToNola D. Brown, for defendant."
  },
  "file_name": "0225-01",
  "first_page_order": 255,
  "last_page_order": 257
}