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Tag Archives: Agency

Corporate – Sister Subsidiaries – Agency – Tort/Negligence – Defamation — Civil Practice — Personal Jurisdiction

Lianyungang FirstDart Tackle Co. v. DSM Dyneema B.V. Although plaintiff alleges that a Dutch corporation and its sister N.C. limited liability company operate a “single, unified website” and hold themselves out to the public as a single entity, the N.C. LLC is not liable for the alleged defamatory statement in a press release issued by the Dutch corporation.

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Workers’ Compensation – Carrier on the Risk – Construction Project – Subcontractor’s Policy Cancellation – Agency – Ineffective – General Contractor – Failure to Obtain Certificate

Gonzalez v. Worrell Where the defendant-subcontractor’s insurer could not produce the green signature card from its certified-mail cancellation of the subcontractor’s workers’ compensation policy, the insurer failed to prove that it successfully completed the process for canceling the subcontractor’s policy set out in G.S. § 58-36-105(b).

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Contract – Real Property – Lien – Construction Project – Agency

Young & McQueen Grading Co. v. Mar-Comm & Associates, Inc. It doesn’t matter that the plaintiff-contractor dealt with two entities – Mar-Comm & Associates, Inc. (the actual property owner) and Mar-Comm & Associates of North Carolina, LLC – with regard to a construction project since Mar-Comm of NC was acting as Mar-Comm’s agent.

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Workers’ Compensation – Insurance – Cancellation – Agency – Parties’ Intent

Morales v. Greensboro Contracting Corp. Even though an insurance agent failed to carry out the insured employer’s instruction to cancel its workers’ compensation policy with the Cincinnati Casualty Co., since the employer’s letter made it clear that the employer intended to cancel the policy effective Aug. 1, 2005, and since Cincinnati retroactively canceled the policy once it learned of the cancellation, the parties’ intentions control. The employer’s new insurer is not entitled to contribution from Cincinnati. We reverse the Industrial Commission’s ruling in favor of the new insurer.

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Contract – Open Account – Construction Supplies – Agency – Corporate Restructuring – Actual Authority

JMK, Inc. v. McAllister Commercial Construction Co. The defendant-construction company spun off its residential division into a new company. Even if the plaintiff-supplier knew that Jacob Phelps, one of defendant’s principals, went to work for the new residential construction company, this did not mean that Phelps lost his authority as an agent for defendant. Defendant is responsible for supplies that Phelps bought for the new company on defendant’s account with plaintiff. We affirm summary judgment for plaintiff.

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