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Tag Archives: Agency

Workers’ Compensation – Employee – Statutory Definition – Agency — Apparent Authority to Hire – Disability (access required)

Campos-Brizuela v. Rocha Masonry, L.L.C. The employee that defendant put in charge of its worksite had apparent authority to hire plaintiff, given his authority to direct workers on the site, his responsibility for dealing with other contractors, and his responsibility for equipment on the worksite. We affirm the Industrial Commission’s award of benefits.

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Attorneys – Agency – Contract – Client’s Release – Tort/Negligence – Abuse of Process (access required)

Rodgers v. Preferred Carolina Realty, Inc. When plaintiff released the defendant-attorney’s clients in a state-court lawsuit, plaintiff also released the attorney with regard to the actions the attorney took within the scope of his agency, i.e., his representation of the clients in the settled lawsuit. The court grants the defendant-attorney’s and the defendant-law firm’s motion for judgment on the pleadings.

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Insurance – Auto – UIM – Selection/Rejection Form – Agency – Insured’s Wife (access required)

Davis v. State Farm Mutual Automobile Insurance Co. Plaintiff replied in the affirmative to the question, “If your wife in times past had requested a change in your policy, that would have been done usually with your knowledge or approval?” Given that the insurance agency most often dealt plaintiff’s wife when it came to changes in plaintiff’s policy, the wife’s rejection of underinsured motorist coverage was binding as to plaintiff. We affirm summary judgment for the defendant-insurer and the defendant-insurance agent, Lee Starnes.

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Arbitration – Agency – Actual or Apparent Authority – DSS Ward – Adult-Care Home – Dispute Resolution Agreement (access required)

Williamson v. Windsor House One, LLC A DSS director authorized an employee to sign "written release of information forms" and "any forms giving [her] consent for the administration of medication or treatment...." This did not give the employee authority to enter into an arbitration agreement on behalf of the DSS director, who was providing protective services for plaintiff's decedent. Plaintiff is not bound by the arbitration agreement.

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Real Property – Tort/Negligence – Agency – Fiduciary Duties – Fraud – Misrepresentation – Unfair & Deceptive Trade Practices – Material Fact – Failure to Disclose (access required)

Sutton v. Driver. (Lawyers Weekly No. 11-07-0418, 26 pp.) (Martha A. Geer, J.) Appealed from Carteret County Superior Court (Russell Lanier Jr., & John E. Nobles Jr., JJ.). N.C. App. Click here for the full text of the opinion. Holding: ...

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Contract – Liquidated Damages – Agency – Apparent Authority – Joint Venture – Earnest Money Deposit (access required)

Azalea Garden Board & Care, Inc. v. Vanhoy. (Lawyers Weekly No. 11-16-0036, 16 pp.) (Barbara Jackson, J.) Appealed from Davidson County Superior Court. (Ben F. Tennille, J.). N.C. App. Unpub. Click here for the full text of the opinion. Holding: ...

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Contract – Agency – Apparent Authority – Implied Authority – Ratification – Summary Judgment (access required)

Leiber v. Arboretum Joint Venture LLC. (Lawyers Weekly No. 10-07-1161, 20 pp.) (Cheri Beasley, J.) Appealed from Mecklenburg County Superior Court (Ben F. Tennille, J.) N.C. App. Click here for the full text of the opinion. Holding: There were issues ...

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