North Carolina Lawyers Weekly
Holmes v. North Carolina Farm Bureau Mutual Insurance Co. (Lawyers Weekly No. 14-07-0343, 10 pp.) (Donna Stroud, J.) Appealed from Guilford County Superior Court (John Craig III, J.) N.C. App. Holding: The plaintiff-lessor gave his tenants permission to use all ...
Read More »Insurance – Office Lessor’s Policy – Theft – Vacancy Exclusion – Percentage of Use
Insurance – No Coverage for $10.8M Loss from Explosion 
Millennium Inorganic Chemicals Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. (Lawyers Weekly No. 14-01-0180, 34 pp.) (Agee, J.) No. 13-1194, Feb. 20, 2014; USDC at Baltimore, Md. (Hollander, J.) 4th Cir. Holding: A divided 4th Circuit panel ...
Read More »Insurance – CGL – Oklahoma Law – ‘Any Employer’ – Contractor’s Employee
Naylor Concrete Construction Co. v. Mid-Continent Casualty Co. (Lawyers Weekly No. 14-16-0086, 34 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Holding: The plaintiff-subcontractor’s commercial general liability insurance policy treated ...
Read More »Insurance – Auto – UIM – Insufficient Notice – Claim & Settlement
Lloyd v. Coffey (Lawyers Weekly No. 14-16-0085, 6 pp.) (Wanda G. Bryant, J.) Appealed from Henderson County Superior Court (Alan Z. Thornburg, J.) N.C. App. Unpub. Holding: Even though plaintiffs notified the underinsured motorist insurance carrier of their claim against ...
Read More »Insurance – Auto – UIM – Multiple Policies – Identical ‘Excess’ Clauses – Class I Insured
Nationwide Mutual Insurance Co. v. Integon National Insurance Co. (Lawyers Weekly No. 14-07-0055, 22 pp.) (Robert N. Hunter Jr., J.) Appealed from Wake County Superior Court (Carl R. Fox, J.) N.C. App. Holding: Since the three underinsured motorist coverage carriers’ ...
Read More »Insurance – Auto – UIM – Family Member – Household Resident – Family Farm
North Carolina Farm Bureau Mutual Insurance Co. v. Paschal (Lawyers Weekly No. 14-07-0006, 17 pp.) (Linda McGee, J.) Appealed from Wake County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: Although the defendant-insured and his granddaughter usually lived in ...
Tagged with: Insurance
Read More »Insurance – Duty to Defend – Underlying Tort Action – Negligence & Intent – Funeral Home – Desecration
Montgomery Mutual Insurance Co. v. Citadel Management, LLC Where an underlying state court action accuses defendants of both negligent and intentional acts in their alleged desecration of a body and disturbance of gravesites, the plaintiff-insurance companies have a duty to defend the underlying action.
Read More »Insurance – Auto – UIM – Selection/Rejection – Credibility – Directed Verdict Motion
Robinson v. Discovery Insurance Co. : Although defendant presented evidence that it was agency policy to explain the availability of underinsured motorist coverage to customers, since plaintiff presented evidence that her signature on the UIM selection/rejection form was not genuine, defendant’s evidence was not manifestly credible. Defendant bore the burden of proof; therefore, the trial court correctly denied its motion for a directed verdict.
Read More »Insurance – Property of Others — Unfair Trade Practices – Civil Practice – Appeals — Rule 60 Motion
FSI, Inc. v. Newson On appeal, the defendant-insurance agent and agency argue that a reasonable jury could find that the policy the agent procured for plaintiff did in fact provide coverage for plaintiff’s loss and that this court is not bound by a federal district court’s ruling to the contrary. However, at the trial-court level, defendants admitted in both discovery and argument that the policy did not provide coverage.
Read More »Insurance – Renter’s Policy – Breach of Contract – Bad Faith Refusal to Settle & Unfair Trade Practices Claims – Fire
Currie v. Phoenix Insurance Co. Where the complaint does not allege that the defendant-insurer recognized plaintiff’s claim as valid, plaintiff has failed to state a claim for bad faith refusal to settle.
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