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Home / Courts / Tort/Negligence – Malicious Prosecution – Unfair Trade Practices – Fire Insurance – Fraud Allegation – Noerr-Pennington (access required)

Tort/Negligence – Malicious Prosecution – Unfair Trade Practices – Fire Insurance – Fraud Allegation – Noerr-Pennington (access required)

North Carolina Farm Bureau Mutual Insurance Co. v. Cully’s Motorcross Park, Inc. After defendants filed counterclaims in this declaratory judgment action, the plaintiff-insurer’s investigator called a police sergeant and gave the sergeant information that the insurance investigator had known for six months. The sergeant interviewed the person who had bought the insured property from defendants (as noted in the investigator’s file) and arrested defendant Volpe for obtaining property by false pretenses. The trial court did not err in determining that plaintiff initiated the proceedings against defendant Volpe.

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