Lyn Broom and Rick Pinto prevailed this week in a case before the North Carolina Court of Appeals, that being Crumel v. Morton, No. COA25-372. The case arose out of an injury in an motor vehicle accident where the insurance carrier for the liable party (North Carolina Farm Bureau) tendered its insurance coverage limits, and the UIM carrier for the plaintiff (Penn National) advanced that tender. The case ultimately settled, with knowledge of the liability carrier. Thereafter, the liability carrier refused to pay the tender to the UIM carrier. The UIM carrier filed a Motion to Enforce the Settlement (Motion For Relief from Judgment) and a Motion to Set Aside the Dismissal pursuant to Rule 60 of the N.C. Rules of Civil Procedure to allow the Court to hear the Motion to Enforce the Settlement. The liability carrier resisted. The Trial Court denied the Rule 60 Motion, and also ruled on the Motion for Relief from Judgment. The Court of Appeals agreed with Lyn and Rick that once the ruling on the Rule 60 Motion was denied, the Trial Court no longer had jurisdiction to hear, much less rule, on the other motions.  As a result, the UIM carrier is free to file a new lawsuit seeking reimbursement from the liability carrier. That matter remains pending.