Glendale LLC v. Amco Insurance Co. Where the defendant-insurer’s appraiser and the appraisal umpire incorporated issues of causation and coverage into their appraisal of the fire damage to plaintiff’s restaurant, the appraisal is invalid. Plaintiff’s motion for partial summary judgment is granted as to the only damages item on which the parties agree: $14,839 in lost perishable goods. Otherwise, the parties’ cross-motions for summary judgment are denied.
Armwood v. North Carolina Farm Bureau Mutual Insurance Co. The minor plaintiff was injured due to the negligence of the driver of a bus, which did not have the minimum $5 million in “financial responsibility” required by the Federal Motor Carrier Safety Act. This lawsuit seeks amendment of the liability amount for which the defendant-insurer would be responsible. Contrary to plaintiffs’ argument, they were not required to wait until they had a judgment before they filed a claim under the Act; in fact, the judgment in the underlying state-court action between plaintiffs and the bus’s insurer bars plaintiffs’ claim under the Act.
Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.
Greco v. Penn National Security Insurance Co. Although the defendant-insurer would be relieved of its duties under the policy if an insured’s refusal to cooperate prejudiced the insurer’s ability to investigate the accident, the insurer’s mere inability to locate an insured driver is not enough to show prejudice.
Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Roberts In determining insurance coverage for a Baltimore child who won an $850,000 judgment for lead paint injuries against two defendants - a realty company and the property owner that bought the house in which the child lived - the 4th Circuit says the realty company’s insurance contract requires the carrier to pay 40 percent of the state court judgment.
APAC-Atlantic, Inc. v. Firemen’s Insurance Co. of Washington, D.C. A highway construction subcontract required the sign subcontractor to perform “mobilization (install, maintain and remove work zone signs)”; however, the subcontract did not define “work zone signs.” There is a genuine issue of material fact as to whether the subcontractor was required to install signs warning of uneven pavement.
Grimsley v. Government Employees Insurance Co. Because plaintiff was given an opportunity to reject UIM coverage or to select different coverage limits, there was no total failure on the part of GEICO to inform plaintiff of available coverage, and plaintiff was not entitled to $1,000,000 in UIM coverage at the time of his injury.
Reversed and remanded.
Nationwide Mutual Insurance Co. v. Erie Insurance Co. In this subrogation action, the plaintiff-insurer has no greater rights than its insureds. Since plaintiff filed this action more than three years after the accident from which it arose, plaintiff’s claim is time-barred.
We affirm the trial court’s order granting defendants’ motion to dismiss.
Unitrin Auto & Home Insurance Co. v. Rikard Where the plaintiff-insurer mailed defendant’s decedents an uninsured/underinsured motorist coverage selection/rejection form several times, but where the decedents never filled out or returned the form, the mailing of the form was sufficient to preclude a holding that a total failure to notify occurred. We extend the reasoning of Nationwide Property & Casualty Insurance Co. v. Martinson, 701 S.E.2d 390 (2010), to questions of underinsured motorist coverage.
Cinoman v. University of North Carolina There are genuine issues of material fact as to whether the plaintiff-physician was an independent contractor or an employee of the defendant-university hospital and as to whether or not plaintiff was required to have his own medical malpractice insurance.
We reverse summary judgment for defendants.
