North Carolina Lawyers Weekly

Anderson v. United States Life Insurance Co. (Lawyers Weekly No. 14-04-0961, 13 pp.) (Max Cogburn Jr., J.) 3:13-cv-00489; W.D.N.C. Holding: Even if defendants’ agents did promise plaintiff that, if he became disabled, his premiums would be waived for life, plaintiff ...

Tagged with: life insurance

Benson v. Life Insurance Co. of North America (Lawyers Weekly No. 14-02-0923, 9 pp.) (W. Earl Britt, Sr. J.) 5:14-cv-00377; E.D.N.C. Holding: Where the defendant-employer pays short-term disability benefits out of its general assets, the short-term disability policy is not ...

Tagged with: breach of contract claim Unfair Trade Practices

Country Cafaye, Inc. v. Travelers Casualty Insurance Co. of America (Lawyers Weekly No. 14-16-0901, 17 pp.) (Linda Stephens, J.) Appealed from Stokes County Superior Court (Edgar Gregory, J.) N.C. App. Unpub. Holding: Even though plaintiffs’ check for plaintiff Country Cafaye’s ...

Gandecha v. Metropolitan Property & Casualty Insurance Co. (Lawyers Weekly No. 14-02-0831, 12 pp.) (James Fox, Sr. J.) 5:13-cv-00688; E.D.N.C. Holding: Although the complaint does not cite a specific policy provision, it is apparent from plaintiffs’ allegations that they contend ...

Tagged with: Breach of Contract

Radchyshyn v. Allstate Indemnity Co. (Lawyers Weekly No. 14-04-0819, 10 pp.) (Dennis Howell, Magistrate Judge) 1:14-cv-00169; W.D.N.C. Holding: Where the complaint only alleges that plaintiff had a valid auto insurance policy with defendant, that plaintiff’s vehicle suffered damage from an ...

Tagged with: Insurance

Cinoman v. University of North Carolina (Lawyers Weekly No. 14-07-0608, 13 pp.) (John Martin, Ch. J.) Appealed from Wake County Superior Court (Carl Fox, J.) On petition for rehearing. N.C. App. Holding: Pursuant to its “other insurance” clause, the University ...

ReliaStar Life Insurance Co. v. Laschkewitsch (Lawyers Weekly No. 14-02-0541, 21 pp.) (Terrence Boyle, J.) 5:13-cv-00210; E.D.N.C. Holding: Where a life insurance application supplied false information about the applicant’s health and about his other life insurance policies and applications, these ...

Tagged with: Fraud

Kahihu v. Brunson (Lawyers Weekly No. 14-07-0501, 14 pp.) (Douglas McCullough, J.) Appealed from Durham County District Court (Nancy Gordon, J.) N.C. App. Holding: A presumption of valid service on plaintiff’s uninsured motorist carrier was raised by the “Affidavit of ...

Tagged with: Uninsured Motorist

Haugh v. Nationwide Mutual Fire Insurance Co. (Lawyers Weekly No. 14-16-0482, 17 pp.) (Chris Dillon, J.) Appealed from Mecklenburg County Superior Court (A. Robinson Hassell, J.) N.C. App. Unpub. Holding: Even though the South Carolina plaintiff’s motorcycle accident occurred in ...

Tagged with: Motorcycle Accident

Haugh v. Nationwide Mutual Fire Insurance Co. (Lawyers Weekly No. 14-16-0482, 17 pp.) (Chris Dillon, J.) Appealed from Mecklenburg County Superior Court (A. Robinson Hassell, J.) N.C. App. Unpub. Holding: Even though the South Carolina plaintiff’s motorcycle accident occurred in ...

Tagged with: Motorcycle Accident