Is a plaintiff required to serve a UIM/UM carrier in accordance with rule 4?

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Yes, and if they don’t properly serve the UIM/UM carrier then the case will be dismissed according to the recent NC Court of Appeals decision of Kahihu v. Brunson.

In Kahihu, plaintiff claims she was injured in a car wreck.  Plaintiff’s attorney served plaintiff’s UM insurance carrier with a copy of the Complaint via certified mail.  The case was dismissed, however, because the UM carrier was not properly served with a Summons.  It didn’t matter that the defendant, Brunson, had been properly served with a Summons and Complaint since the UM carrier and Brunson are separate entities.  It also didn’t matter that the UM carrier answered the Complaint because the UM carrier preserved all necessary service defenses in the Answer.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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