http://nclawyersweekly.com Tue, 18 Jun 2013 20:49:48 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/05/23/insurance-no-umuim-stacking-for-policy-omission/ http://nclawyersweekly.com/2013/05/23/insurance-no-umuim-stacking-for-policy-omission/#comments Thu, 23 May 2013 14:36:53 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73326 Dooley v. Hartford Accident & Indemnity Co. Although an auto liability policy failed to specify any specific amount of uninsured/underinsured motorist coverage provided, that omission did not mean the policy terms prohibiting “stacking,” or combining coverage for multiple insured vehicles, were ambiguous under Virginia law and would allow stacking. The 4th Circuit affirms the district court’s denial of additional coverage to appellant]]> http://nclawyersweekly.com/2013/05/23/insurance-no-umuim-stacking-for-policy-omission/feed/ 0 http://nclawyersweekly.com/2013/05/22/insurance-duty-to-defend-settlement-costs-cgl-home-construction-retaining-wall-collapse/ http://nclawyersweekly.com/2013/05/22/insurance-duty-to-defend-settlement-costs-cgl-home-construction-retaining-wall-collapse/#comments Wed, 22 May 2013 15:29:01 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73254 Erie Insurance Exchange v. Builders Mutual Insurance Co. Even though the plaintiff-insurer provided the plaintiff-builder with commercial general liability coverage while the home at issue was being constructed, since the home’s retaining wall collapsed during the defendant-insurer’s policy period, defendant had a duty to defend the builder in the lawsuit brought by the homeowners. ]]> http://nclawyersweekly.com/2013/05/22/insurance-duty-to-defend-settlement-costs-cgl-home-construction-retaining-wall-collapse/feed/ 0 http://nclawyersweekly.com/2013/05/22/insurance-auto-release-tortnegligence-auto-accident/ http://nclawyersweekly.com/2013/05/22/insurance-auto-release-tortnegligence-auto-accident/#comments Wed, 22 May 2013 14:59:04 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73249 North Carolina Farm Bureau Mutual Insurance Co. v. Smith After an auto accident, the defendant Savages settled with Allstate, which insured the other vehicle involved in the accident; as part of the settlement, the Savages executed releases, agreeing not to execute on any judgment against the driver of the other vehicle, Phillip Smith. Even if Smith were a resident of his parents’ home, the Savages could not recover against plaintiff -- the parents’ insurer – because Smith can no longer be legally responsible for the Savages’ damages.]]> http://nclawyersweekly.com/2013/05/22/insurance-auto-release-tortnegligence-auto-accident/feed/ 0 http://nclawyersweekly.com/2013/04/10/insurance-accidental-death-aspirated-vomit-pain-medications/ http://nclawyersweekly.com/2013/04/10/insurance-accidental-death-aspirated-vomit-pain-medications/#comments Wed, 10 Apr 2013 20:20:50 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72140 Chapman v. Life Insurance Co. of North America : Where plaintiff’s decedent -- who was taking prescribed opioid medications -- vomited in her sleep and choked to death, there are genuine issues of material fact as to whether her death was an accident within the meaning of the parties’ accidental death policy and whether the policy’s exclusion for “sickness, disease, bodily or mental infirmity” applies]]> http://nclawyersweekly.com/2013/04/10/insurance-accidental-death-aspirated-vomit-pain-medications/feed/ 0 http://nclawyersweekly.com/2013/03/15/insurance-no-consent-to-tax-on-flood-insurance-premiums/ http://nclawyersweekly.com/2013/03/15/insurance-no-consent-to-tax-on-flood-insurance-premiums/#comments Fri, 15 Mar 2013 21:17:15 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71358 Municipal Ass’n of South Carolina v. USAA General Indemnity Co. In this dispute between insurance companies that offer flood insurance under a federal program in South Carolina, and a group of South Carolina municipalities that want to assess a business license tax on the carriers based on the flood insurance premiums collected in the municipalities under an arrangement with FEMA, the district court erred in granting partial summary judgment to the municipalities on their affirmative defense of preemption; the 4th Circuit says the flood insurance premiums are federal property that cannot be taxed without government consent.]]> http://nclawyersweekly.com/2013/03/15/insurance-no-consent-to-tax-on-flood-insurance-premiums/feed/ 0 http://nclawyersweekly.com/2013/03/15/insurance-no-defamation-defense-under-renters-policy/ http://nclawyersweekly.com/2013/03/15/insurance-no-defamation-defense-under-renters-policy/#comments Fri, 15 Mar 2013 21:00:40 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71355 Francis v. Allstate Insurance Co. Although a parent defending a defamation suit says her only intention in accusing an aide at the Maryland School for the Deaf of sexually abusing her son was to protect the child, the accusation nevertheless was an intentional act, and not an “occurrence” under her renter’s insurance policy that would trigger Allstate’s duty to defend; applying California law to the coverage issue, the 4th Circuit upholds judgment for Allstate. ]]> http://nclawyersweekly.com/2013/03/15/insurance-no-defamation-defense-under-renters-policy/feed/ 0 http://nclawyersweekly.com/2013/02/15/insurance-homeowners-exclusion-named-insured-shooting-death-2/ http://nclawyersweekly.com/2013/02/15/insurance-homeowners-exclusion-named-insured-shooting-death-2/#comments Fri, 15 Feb 2013 20:56:23 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=70681 According to the complaint, a husband accidentally shot and killed his estranged wife at their home and then shot and killed himself. The wife’s estate obtained a default judgment against the husband’s estate, and the husband’s estate seeks indemnification pursuant to homeowners’ insurance policy issued by defendant. Since the wife was a named insured under the policy, an exclusion in the policy precludes personal liability coverage for claims brought as a result of her death.]]> http://nclawyersweekly.com/2013/02/15/insurance-homeowners-exclusion-named-insured-shooting-death-2/feed/ 0 http://nclawyersweekly.com/2013/02/14/insurance-auto-duty-to-defend-indemnify-employee-exclusion-leased-employee/ http://nclawyersweekly.com/2013/02/14/insurance-auto-duty-to-defend-indemnify-employee-exclusion-leased-employee/#comments Thu, 14 Feb 2013 20:20:51 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=70620 Nationwide Property & Casualty Insurance Co. v. Brinley’s Grading Service, Inc. In determining whether an insurer has a duty to defend its insured, we consider only the allegations of the complaint in the underlying action.]]> http://nclawyersweekly.com/2013/02/14/insurance-auto-duty-to-defend-indemnify-employee-exclusion-leased-employee/feed/ 0 http://nclawyersweekly.com/2013/01/16/criminal-practice-sex-offender-registration-petition-for-termination-subject-matter-jurisdiction-county-of-conviction/ http://nclawyersweekly.com/2013/01/16/criminal-practice-sex-offender-registration-petition-for-termination-subject-matter-jurisdiction-county-of-conviction/#comments Wed, 16 Jan 2013 21:47:59 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=69659 In re Dunn Where defendant was ordered to register as a sex offender as a result of his November 1994 conviction in Montgomery County for attempted second-degree sex offense, G.S. § 14-208.12A required him to file his petition to terminate his sex offender registration in Montgomery County.]]> http://nclawyersweekly.com/2013/01/16/criminal-practice-sex-offender-registration-petition-for-termination-subject-matter-jurisdiction-county-of-conviction/feed/ 0 http://nclawyersweekly.com/2012/12/12/insurance-mortgage-accidental-death-mortgage-servicing-transfer-nonpayment-of-premiums/ http://nclawyersweekly.com/2012/12/12/insurance-mortgage-accidental-death-mortgage-servicing-transfer-nonpayment-of-premiums/#comments Wed, 12 Dec 2012 14:49:43 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=68662 McPherson v. Minnesota Life Insurance Co. Since plaintiff and her late husband paid their mortgage accidental death insurance premiums monthly as part of their mortgage payments, they were not entitled to the notice required by G.S. § 58-58-120 when the policy was cancelled. That statute only applies to policies for which premiums are payable at intervals greater than one month. ]]> http://nclawyersweekly.com/2012/12/12/insurance-mortgage-accidental-death-mortgage-servicing-transfer-nonpayment-of-premiums/feed/ 0