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Insurance — Life – Public Employees – Change of Beneficiary – Undue Influence Claim – Sovereign Immunity (access required)

Bennett v. Office of Personnel Management (Lawyers Weekly No. 14-03-1003, 8 pp.) (Joe Webster, USMJ) 1:14-cv-00137; M.D.N.C. Holding: Plaintiff alleges that undue influence led her mother to change the beneficiary designation for her federal-employee life insurance; however, the government does ...

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Insurance-Disability – Short- & Long-Term – Labor & Employment – ERISA – Contract (access required)

Benson v. Life Insurance Co. of North America (Lawyers Weekly No. 14-02-0923, 9 pp.) (W. Earl Britt, Sr. J.) 5:14-cv-00377; E.D.N.C. Holding: Where the defendant-employer pays short-term disability benefits out of its general assets, the short-term disability policy is not ...

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Insurance-CGL – Cancellation – Premium Payment – Mailing & Receipt of Check – Civil Practice – Summary Judgment – Fiduciary Duty (access required)

Country Cafaye, Inc. v. Travelers Casualty Insurance Co. of America (Lawyers Weekly No. 14-16-0901, 17 pp.) (Linda Stephens, J.) Appealed from Stokes County Superior Court (Edgar Gregory, J.) N.C. App. Unpub. Holding: Even though plaintiffs’ check for plaintiff Country Cafaye’s ...

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Insurance – Life – Fraud – Agent’s Brother – ALS Diagnosis – Other Policies & Applications – Producer Contract (access required)

ReliaStar Life Insurance Co. v. Laschkewitsch (Lawyers Weekly No. 14-02-0541, 21 pp.) (Terrence Boyle, J.) 5:13-cv-00210; E.D.N.C. Holding: Where a life insurance application supplied false information about the applicant’s health and about his other life insurance policies and applications, these ...

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Insurance – Auto – UIM – S.C. Policy – ‘Other Insurance’ Clause – Motorcycle Policy – N.C. Accident – Conformity Clause (access required)

Haugh v. Nationwide Mutual Fire Insurance Co. (Lawyers Weekly No. 14-16-0482, 17 pp.) (Chris Dillon, J.) Appealed from Mecklenburg County Superior Court (A. Robinson Hassell, J.) N.C. App. Unpub. Holding: Even though the South Carolina plaintiff’s motorcycle accident occurred in ...

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