North Carolina Farm Bureau Mutual Insurance Co. v. Paschal (Lawyers Weekly No. 14-06-1187, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (G. Wayne Abernathy, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: The ...Read More »
Lunsford v. Mills (Lawyers Weekly No. 14-06-1197, 39 pp.) (Cheri Beasley, J.) (Paul Newby, J., concurring in part & dissenting in part) (Robert Hunter, J., not participating) Appealed from McDowell County Superior Court (James Downs, J.) On discretionary review from ...
Tagged with: Underinsured Motorist CoverageRead More »
North Carolina Farm Bureau Mutual Insurance Co. v. Burns (Lawyers Weekly No. 14-07-1169, 11 pp.) (Lisa Bell, J.) Appealed from Wake County Superior Court (Robert Hobgood, J.) N.C. App. Holding: Where the 11-year-old defendant was compelled by parental authority to ...Read More »
Hyatt v. Prudential Insurance Co. of America (Lawyers Weekly No. 14-04-1036, 8 pp.) (Martin Reidinger, J.) 1:14-cv-00035; W.D.N.C. Holding: The parties’ long-term disability (LTD) plan set a three-year limitation on filing suit, beginning at the end of a 90-day period ...Read More »
McGhee v. Aetna Life Insurance Co. (Lawyers Weekly No. 14-04-1038, 15 pp.) (Max Cogburn Jr., J.) 3:13-cv-00481; W.D.N.C. Holding: Even though plaintiff’s severance package included a release of claims under ERISA, the same agreement also said plaintiff’s “eligibility for benefits ...Read More »
Liberty Mutual Fire Insurance Co. v. KB Home (Lawyers Weekly No. 14-02-1019, 10 pp.) (W. Earl Britt, Sr. J.) 5:13-cv-00831; E.D.N.C. Holding: Even though the parties’ settlement agreement and defense agreement were executed on the same day and dealt with ...Read More »
Insurance — Life – Public Employees – Change of Beneficiary – Undue Influence Claim – Sovereign Immunity
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 ...Read More »
Anderson v. United States Life Insurance Co. (Lawyers Weekly No. 14-04-0961, 13 pp.) (Max Cogburn Jr., J.) 3:13-cv-00489; W.D.N.C. Holding: Even if defendants’ agents did promise plaintiff that, if he became disabled, his premiums would be waived for life, plaintiff ...Read More »
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 ...Read More »
Insurance-CGL – Cancellation – Premium Payment – Mailing & Receipt of Check – Civil Practice – Summary Judgment – Fiduciary Duty
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 ...
Tagged with: breaches of the insurance contractRead More »