Parrish v. Grain Dealers Mutual Insurance
This text of 378 S.E.2d 419 (Parrish v. Grain Dealers Mutual Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The issues in this case are virtually identical to those in Silvers v. Horace Mann Ins. Co., 324 N.C. 289, 378 S.E. 2d 21 (1989), filed contemporaneously with this opinion. Factually, this case differs only in that the insurance policy at issue preserved, rather than waived, the right of subrogation. This difference is not material to our disposition of this appeal.
For the reasons fully and aptly stated in Silvers, we hold that plaintiffs entry into a settlement with the tort-feasor without defendant’s consent does not bar her claim for underinsured motorist benefits as a matter of law.
The decision of the Court of Appeals is affirmed. However, the case must be remanded to the Court of Appeals for further remand to the trial court to determine whether defendant was [324]*324prejudiced by plaintiffs failure to procure its consent to the settlement.
Modified and Affirmed.
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Cite This Page — Counsel Stack
378 S.E.2d 419, 324 N.C. 323, 1989 N.C. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrish-v-grain-dealers-mutual-insurance-nc-1989.