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 »
Gandecha v. Metropolitan Property & Casualty Insurance Co. (Lawyers Weekly No. 14-02-0831, 12 pp.) (James Fox, Sr. J.) 5:13-cv-00688; E.D.N.C. Holding: Although the complaint does not cite a specific policy provision, it is apparent from plaintiffs’ allegations that they contend ...Read More »
Radchyshyn v. Allstate Indemnity Co. (Lawyers Weekly No. 14-04-0819, 10 pp.) (Dennis Howell, Magistrate Judge) 1:14-cv-00169; W.D.N.C. Holding: Where the complaint only alleges that plaintiff had a valid auto insurance policy with defendant, that plaintiff’s vehicle suffered damage from an ...Read More »
Insurance – Medical Malpractice – Pro Rata Coverage – Civil Practice – Appeals – Declaratory Judgment
Cinoman v. University of North Carolina (Lawyers Weekly No. 14-07-0608, 13 pp.) (John Martin, Ch. J.) Appealed from Wake County Superior Court (Carl Fox, J.) On petition for rehearing. N.C. App. Holding: Pursuant to its “other insurance” clause, the University ...
Tagged with: Liability Insurance Trust FundRead More »
Insurance – Life – Fraud – Agent’s Brother – ALS Diagnosis – Other Policies & Applications – Producer Contract
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 ...
Tagged with: FraudRead More »
Kahihu v. Brunson (Lawyers Weekly No. 14-07-0501, 14 pp.) (Douglas McCullough, J.) Appealed from Durham County District Court (Nancy Gordon, J.) N.C. App. Holding: A presumption of valid service on plaintiff’s uninsured motorist carrier was raised by the “Affidavit of ...
Tagged with: Uninsured MotoristRead More »
Insurance – Auto – UIM – S.C. Policy – ‘Other Insurance’ Clause – Motorcycle Policy – N.C. Accident – Conformity Clause
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 ...
Tagged with: Motorcycle AccidentRead More »