North Carolina Lawyers Weekly

Where an insurance provider asked whether it must pay a judgment against one party if another party prevailed in the underlying state court case and the district court resolved issues as part of its declaratory judgment ruling, that ruling was ...

Where an employee was injured on the job by the owner of the home that was under construction, his suit against the owner is not precluded by the worker’s compensation exclusion or the employee indemnification and employer’s liability exclusion in ...

Where a subcontractor’s faulty excavation work on a building construction project caused a delay in the project and required the subcontractor to perform significant remediation work, the resulting damages incurred by the site owner and general contractor were not covered ...

In this case (1) four people were injured in a motor vehicle accident; (2) the tortfeasor’s insurance carrier, Integon Insurance, paid the victims a total of $100,000 pursuant to the per-accident limit on its liability coverage; (3) defendant Dana received ...

Where the pleadings in the underlying suit alleged offensive publications were made during the policy period that differed in substance from those published before commencement of coverage, the “prior publication” exclusion did not obviate insurer’s duty to defend. Background In ...

An employer who allegedly told a beneficiary it would pay death benefits, after the life insurance carrier denied the claim, has been sued by the beneficiary who alleges she relied on the promises to her detriment. Background According to the ...

  When cancelling a new homeowners’ insurance policy – a cancellation that can be done for any reason within 60 days of the policy’s issuance – an insurer must “furnish” notice to the homeowners. Construing this term for the first ...

Pursuant to paragraph C.2 of § 5 of the North Carolina Reinsurance Facility’s Standard Practice Manual, the respondent-insurance company had the right to have its request for reimbursement of extracontractual losses considered, but the insurance company did not have the ...

Plaintiffs’ claims against their treating hospital and auto insurer dismissed where plaintiffs validly assigned their medical coverage payment benefits as a form of “health insurance” as part of their hospital admission forms. We grant defendants’ motion to dismiss for failure ...

The district court correctly granted summary judgment to an insurance carrier on the plaintiff’s ERISA claim because its denial of benefits was reasonable under the deferential abuse of discretion standard. Background On April 15, 2013, Mark Grabowski flew from New ...

Tagged with: Benefits