North Carolina Lawyers Weekly
Although a passenger who was killed in a motor vehicle accident was entitled to $100,000 in underinsured motorist coverage under two separate policies, since the negligence of two tortfeasors – each with liability coverage of $100,000 – caused the passenger’s ...
Read More »Insurance — Auto – UIM – Multiple Tortfeasors & Policies – First Impression
Insurance — Personal Liability Coverage – Intentional Acts Exclusion – Gunshots 
Defendant’s personal liability insurance policy excludes coverage for intentional acts. During an altercation with defendant, Baron Thomas Cass removed himself and walked away. Defendant produced a handgun and fired multiple shots in the direction of Cass, some of which struck ...
Read More »Insurance — Commercial – Civil Practice – Discovery – Reserve Information – Relevance
The defendant-insureds suffered an equipment breakdown and related losses, and their insurers seek a declaratory judgment as to coverage. Since this case does not involve fraud, the insurers’ reserves are not relevant and therefore are not discoverable. The court denies ...
Read More »Insurance — Auto – Breach of Contract Claim – Damage Cause – Unfair Trade Practices Claim
A divided panel of the Court of Appeals affirmed in part, reversed in part and remanded the trial court’s summary judgment order. We affirm the majority decision (Where the plaintiff-insured claims an unidentified vehicle backed into hers and drove away, ...
Read More »Insurance – COVID-related business losses are not ‘physical loss’
Where a West Virginia business closed two of its art studio locations because of the governor’s COVID-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...
Read More »Insurance — Homeowners’ & General Liability – Day Care – Indecent Liberties – ‘Occurrence’
In a separate action, a mother and her child allege that the child was molested at a home daycare insured by plaintiff. Even though the mother and child allege negligence on the part of one of the home/daycare owners, the ...
Read More »Insurance – UnitedHealthcare failed to provide documents to policyholder
Where UnitedHealthcare failed to provide documents requested by a father who sought payments for services provided to his minor son on the basis the documents were HIPPA-protected, but some were not HIPPA protected, the father had a right to obtain ...
Read More »Insurance — Commercial – ‘Other Insurance’ – 1st & 3rd Party Policies – Single ‘Occurrence’
Plaintiff’s products were damaged when a windstorm took the roof off the warehouse where the products were stored. Although the warehouse has insurance covering amounts it is legally obligated to pay, the warehouse’s policy is not “other insurance” that would ...
Read More »Insurance — Auto – UIM – Per Person/Per Accident Limits – Gurley Overruled
After a multi-vehicle accident, the at-fault driver’s insurer divided its per-accident liability coverage limit among several victims. Contrary to the ruling that would be required by N.C. Farm Bureau Mut. Ins. Co., Inc. v. Gurley, 139 N.C. App. 178 (2000), ...
Read More »Insurance – Suit over denial of coverage suit filed too late
Where a remediation company filed suit within three years of the date that coverage for its work on a church’s real estate was partially denied, but more than three years from the date of loss, its declaratory judgment and breach ...
Read More »
