North Carolina Lawyers Weekly

Rodgers Builders, Inc. v. Lexington Insurance Co. (Lawyers Weekly No. 004-008-16, 25 pp.) (Max Cogburn Jr., J.) 3:15-cv-00110; W.D.N.C. Holding: Where a demolition subcontractor’s work left holes in the roof membrane of a building that was being remodeled, and where ...

Tagged with: Contract

Foremost Insurance Co. of Grand Rapids, Michigan v. Raines (Lawyers Weekly No. 012-063-16, 14 pp.) (John Tyson, J.) Appealed from Buncombe County Superior Court (Julia Gullett, J.) N.C. App. Unpub. Holding: The plaintiff-insurer showed that it was prejudiced when the ...

Tagged with: Prejudice

W.C. & A.N. Miller Development Co. v. Continental Casualty Co. (Lawyers Weekly No. 001-037-16, 16 pp.) (Floyd, J.) No. 14-2327, Dec. 30, 2015, Pub’d Feb. 19, 2016; USDC at Greenbelt, Md. (Hazel, J.) 4th Cir. Holding: The 4th Circuit affirms ...

Biltmore Avenue Condominium Association, Inc. v. Hanover American Insurance Co. (Lawyers Weekly No. 004-005-16, 8 pp.) (Martin Reidinger, J.) 1:15-cv-00043; W.D.N.C. Holding: The plaintiff-insured alleges that (1) it paid extra premiums for coverage that the defendant-insurer deceptively represented would be ...

Tagged with: Unfair Trade Practices

American United Life Insurance Co. v. Arthur (Lawyers Weekly No. 004-003-16, 9 pp.) (Graham Mullen, J.) 3:14-cv-00586; W.D.N.C. Holding: Where defendant Sumpter made state-law claims to challenge his father’s ERISA-plan change of beneficiary from Sumpter to his father’s new wife, ...

Tagged with: Jury Trial

Bacon v. Universal Insurance Co. (Lawyers Weekly No. 012-011-16, 17 pp.) (Mark Davis, J.) Appealed from Davidson County Superior Court (Mark Klass, J.) N.C. App. Unpub. Holding: Even though plaintiff has $1 million in liability coverage, (1) he chose uninsured ...

Tagged with: UIM

FCCI Insurance Group v. Hinesley (Lawyers Weekly No. 15-16-1102, 7 pp.) (Linda McGee, C.J.) Appealed from Durham County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Unpub. Holding: Uninsured motorist benefits are available to a motorist who was involved ...

Tagged with: sovereign immunity

North Carolina Farm Bureau Mutual Insurance Co. v. Jarvis (Lawyers Weekly No. 15-16-1070, 14 pp.) (Lucy Inman, J.) Appealed from Henderson County Superior Court (Tommy Davis, J.) N.C. App. Unpub. Holding: Although a 2003 custody agreement may still be in ...

J.O.C. Farms, LLC v. Rural Community Insurance Agency, Inc. (Lawyers Weekly No. 15-02-0904, 22 pp.) (James Dever III, C.J.) 4:12-cv-00186; E.D.N.C. Holding: Where all of the underlying administrative decisions at least implicitly found that plaintiff’s tobacco crop was damaged by ...

Tagged with: tobacco

Sauer Inc. v. Lexington Insurance Agency, Inc. (Lawyers Weekly No. 15-02-0899, 11 pp.) (James Fox, S.J.) 5:13-cv-00180; E.D.N.C. Holding: The insurance policy that defendant provided to the plaintiff-contractor excluded coverage for faulty design or workmanship; however, the policy provided additional ...