Court of Appeals of North Carolina August 19, 1997, COA96-734 (Wilmoth v. State Farm Mutual Automobile Insurance)

JOHN, Judge.

Plaintiffs appeal the trial court’s dismissal pursuant to N.C.R. Civ. P. 12(b)(6) of their claim against defendant State Farm Mutual

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Automobile Insurance Company, Inc., for underinsured motorist (UIM) benefits. We reverse the trial court.

Pertinent allegations by plaintiffs and procedural background are as follows: On 9 June 1992, plaintiff Tammy A.