North Carolina Lawyers Weekly

State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau (Lawyers Weekly No. 011-254-16, 56 pp.) (Douglas McCullough, J.) Appealed from the Commissioner of Insurance. N.C. App. Holding: On the day the Insurance Department received appellant’s request for a ...

Tagged with: hurricane losses insurance rate hike

St. Paul Mercury Ins. Co. v. American Bank Holdings Inc. (Lawyers Weekly No. 001-071-16, 26 pp.) (Niemeyer, J.) No. 15-1559, April 14, 2016; USDC at Greenbelt, Md. (Titus, J.) 4th Cir. Holding: A bank that faced a multi-million dollar default ...

Tagged with: Corporate

State Auto Property & Casualty Insurance Co. v. Hash (Lawyers Weekly No. 002-012-16, 8 pp.) (James Dever III, C.J.) 5:14-cv-00426; E.D.N.C. Holding: The defendant-employee did not have permission to use his employer’s vehicle to go on a fishing trip (during ...

Tagged with: Employee

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