Court of Appeals of North Carolina May 7, 2002, No. COA01-642 (Darroch v. Lea)

BRYANT, Judge.

This is an action to recover under plaintiff’s underinsured motorist coverage. On 11 September 1996, plaintiff was injured in an automobile accident in Moore County. On 9 July 1999, plaintiff filed a negligence action against the driver [defendant] of the other automobile. Defendant answered, denying liability and raising contributory negligence as a defense.