Quantcast
Home / Opinion Digests / Insurance (page 17)

Insurance

Insurance – Auto – UIM – Subrogation – Civil Practice – Statute of Limitations (access required)

Nationwide Mutual Insurance Co. v. Erie Insurance Co. In this subrogation action, the plaintiff-insurer has no greater rights than its insureds. Since plaintiff filed this action more than three years after the accident from which it arose, plaintiff’s claim is time-barred. We affirm the trial court’s order granting defendants’ motion to dismiss.

Read More »

Insurance – Auto – UIM – Selection/Rejection Forms – Unsigned (access required)

Unitrin Auto & Home Insurance Co. v. Rikard Where the plaintiff-insurer mailed defendant’s decedents an uninsured/underinsured motorist coverage selection/rejection form several times, but where the decedents never filled out or returned the form, the mailing of the form was sufficient to preclude a holding that a total failure to notify occurred. We extend the reasoning of Nationwide Property & Casualty Insurance Co. v. Martinson, 701 S.E.2d 390 (2010), to questions of underinsured motorist coverage.

Read More »

Insurance – Medical Malpractice – Doctor Shortage – Full-Time, Temporary Work (access required)

Cinoman v. University of North Carolina There are genuine issues of material fact as to whether the plaintiff-physician was an independent contractor or an employee of the defendant-university hospital and as to whether or not plaintiff was required to have his own medical malpractice insurance. We reverse summary judgment for defendants.

Read More »

Insurance – Duty to Defend – Commercial Lines Policy – Separation of Insureds (access required)

Universal Insurance Co. v. Burton Farm Development Co. In an underlying lawsuit, a subcontractor alleges that the defendant-developer’s project manager defamed the subcontractor and intentionally caused a breakdown of the contractual relationship between the subcontractor and the developer. Even though the project manager’s commercial lines insurance policy – which names the developer as an additional insured — contains an exclusion for injury “done by or at the direction of the insured with knowledge of its falsity,” since the policy treats each insured separately, the insurer is required to defend the developer against the subcontractor’s claims against it.

Read More »

Insurance – Homeowners – ‘Occurrence’ – Shooting – Intention (access required)

North Carolina Farm Bureau Mutual Insurance Co. v. Lynn Even though the plaintiff-insurer showed that the insured’s son intended to pull the trigger of his gun, the insurer failed to show that the son intended to injure defendant. Therefore, the insurer failed to prove that the shooting was not an “occurrence” under its homeowner’s policy. We reverse summary judgment for the insurer and remand for entry of summary judgment for defendant.

Read More »

Insurance – Flood – Covered Losses – Detached Garage – ‘Held for’ Residential Use – First Impression – Moisture Wicking (access required)

Aylward v. Federal Emergency Management Agency The Standard Flood Insurance Policy excludes detached garages “used for or held for residential (i.e., dwelling) ... purposes.” Even though the upper level of plaintiffs’ detached garage contained a bathroom, kitchen and living room, and even though the local tax office classified the garage as a residential structure, since water and sewage lines had not been connected to the garage apartment at the time of the flood, and the heating and cooling were not working, the garage lacked the present potential for residential use when the flood occurred. Consequently, defendant improperly denied plaintiffs’ claim for damages regarding the garage.

Read More »

Insurance – Accidental Death – Pilot Exclusion – DOI Approval – ERISA (access required)

Youngblood v. Metropolitan Life Insurance Co. When the plane that plaintiff’s husband was piloting went down and killed her husband, the N.C. Department of Insurance had not yet approved the pilot’s exclusion in plaintiff’s accidental death policy; nevertheless, the exclusion applies to bar coverage. Defendants’ motion for summary judgment is granted.

Read More »

Insurance – Disability – ‘Any Employment’ – Tort/Negligence – Negligent Misrepresentation (access required)

Cobb v. Pennsylvania Life Insurance Co. The disability insurance policy provided to the plaintiff-landscaper explained that he would not be considered disabled if he could engage in “any employment”; since plaintiff had a duty to read the policy, he cannot prove that he reasonably relied on any alleged misrepresentation made by the defendant-insurance agent. We affirm summary judgment for defendants.

Read More »

Insurance – Auto – UIM – Civil Practice – Summary Judgment – Conflicting Evidence – Deposition & Affidavit – Expert Testimony (access required)

Unitrin Auto & Home Insurance Co. v. McNeill In his deposition, an insured said the signature on an uninsured/underinsured motorist coverage selection/rejection form did not look like his signature but that it could be; his subsequent affidavit was an explanation - and not a contradiction - of his deposition when it said that, upon further reflection, he had determined that it was not his signature.

Read More »

Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Group Health Plan for Employees of Barnhill Contracting Co. v. Integon National Insurance Co. The plaintiff-health plan had a lien on settlement proceeds; nevertheless, defendant paid the full settlement proceeds to plaintiff’s insureds. Although the doctrine of equitable subrogation would allow plaintiff to make any claims available to its insureds, equitable subrogation is not a claim in itself, and the only claim asserted by plaintiff - conversion - is not one that belonged to its insureds, nor is it supported by our case law. We affirm summary judgment for defendant.

Read More »