State Farm Mutual Automobile Insurance Co. v. Toni M. Fortin

Defendant Toni Fortin was injured in an automobile accident. At the time of the accident, Toni Fortin was a passenger in a vehicle operated by her husband, defendant Bruce Fortin. Mrs. Fortin filed a civil suit and obtained a jury verdict of $218,000 against Vincente Jaimes, the operator of the other vehicle who had insufficient liability coverage to fully satisfy the judgment. The vehicle operated by Mr. Fortin was insured under a policy issued by Plaintiff State Farm Mutual Automobile Insurance Company. Toni Fortin made a demand of plaintiff for payment of under insured motorists (UIM) benefits under the policy. Plaintiff declined to make any payment, contending that the policy provided no UIM benefits. Plaintiff/insurer sought declaratory judgment that the policy did not provide UIM coverage.

Defendant's Verdict - The trial court entered summary judgment in favor of defendants.

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Affirmed by the Court of Appeals of North Carolina. See 501 S.E.2d 351 (N.C.App. 1998). Affirmed as modified by the Supreme Court of North Carolina. See 513 S.E.2d 782 (N.C. 1999). Note that the above cited date is the date of appellate decision and not the trial date.