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North Carolina Farm Bureau Mutual Insurance Co. v. Edwards12/17/2002
ir UIM carrier, Farm Bureau, are not barred by the execution of their limited release, even though it contained neither a covenant not to enforce nor an express provision reserving their rights as against Farm Bureau. We do not find our holding here to be contrary to our holding in Spivey, where we stated that the plaintiff's lack of intent to release the UIM carrier was irrelevant. Unlike in Spivey, defendants clearly intended the Release to be limited to the Haggenmakers, given the alterations therein. As such, Farm Bureau's first assignment of error is overruled. II.
Plaintiff next argues that the trial court erred in denying plaintiff's motion to stay arbitration because defendants' claim for UIM benefits was barred by the Release. Based on our holding in the preceding assignment of error, this assignment of error is also overruled. Conclusion
For the reasons stated above, we affirm the trial court's order granting summary judgment in favor of defendants and denying Farm Bureau's motion to stay arbitration.
AFFIRMED.
Judges WALKER and McCULLOUGH concur.
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