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Insurance – Auto – Civil Practice – Declaratory Judgment Action – Necessary Parties – Car Sale – Conditional Delivery
The defendant-estate’s decedent tried to buy a car from the defendant-dealership on a Saturday and took conditional delivery of the car under G.S. § 20-75.1 pending credit approval; that same day, the decedent was involved in an accident that took his life and severely injured plaintiffs. The car had been on the dealership’s lot after […]
Contract – ‘As Is’ – Auto Purchase
Where the California plaintiff bought a 1967 Chevrolet Nova sight unseen and signed multiple documents agreeing that the purchase was “as is,” the fact that the Nova is unfit to drive does not allow him to recover for fraud, unfair trade practices, negligent misrepresentation or surety liability. Plaintiff is unable to offer evidence contradicting the […]
Insurance – Auto – UIM Stacking – Multiple Claimant Exception – Inapplicable
The court rejects an insurer’s interpretation of the multiple claimant exception in G.S. § § 20-279.21(b)(4) because it would limit recovery by innocent passengers depending on whether they were riding with a negligent driver or an innocent driver. We affirm the trial court’s order granting summary judgment for defendants. Background Sa Hietha rear-ended another vehicle, […]
Insurance – Auto – Rental Contract – New York Law – North Carolina Liability Limits
Avis Rent A Car Systems, LLC v. Andrews (Lawyers Weekly No. 012-159-17, 14 pp.) (Philip Berger Jr., J.) Appealed from Cabarrus County District Court (William Hamby Jr., J.) N.C. App. Unpub. Holding: The parties’ New York rental car agreement tried to contract around New York law’s requirements that (1) anyone driving the car with the […]
Insurance – Auto – UIM – Virginia Law – Vehicle ‘Use’ – Directing Traffic – Priority
Spruill v. Westfield Insurance Co. (Lawyers Weekly No. 012-233-16, 15 pp.) (Donna Stroud, J.) Appealed from Currituck County Superior Court (J.C. Cole, J.) N.C. App. Unpub. Holding: Although plaintiff was not physically occupying the insured vehicle, he was helping the insured vehicle back up onto a highway when he was struck and injured, so there […]
Consumer Protection – Bundled Auto Loan Buyer Not ‘Debt Collector’
Henson v. Santander Consumer USA Inc. (Lawyers Weekly No. 001-059-16, 21 pp.) (Niemeyer, J.) No. 15-1187, March 23, 2016; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A company that purchased defaulted auto loans as part of an investment bundle of receivables was acting on its own behalf when it attempted to collect on […]
Arbitration – Motion to Compel – Insurance – Auto – UIM – Exhaustion of Liability Coverage
Creed v. Smith The plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of the plaintiff and his employer.
Arbitration – Motion to Compel – Insurance – Auto — UIM – Exhaustion of Liability Coverage
Creed v. Smith Plaintiff’s motion to compel arbitration should have been granted because his insurance company’s liability limits had been “exhausted” for the purposes of G.S. § 20-279.21 and the underinsured motorist policies of plaintiff and his employer.
Insurance – Auto – UM – Falling Tire – ‘Contact’ Requirement
Prouse v. Bituminous Casualty Corp. Plaintiff’s accident occurred when a tire fell off another vehicle and struck the truck in which plaintiff was riding, causing the driver to lose control. There was no contact between the truck and the other vehicle; therefore, G.S. § 20-279.21(b)(3)(b) does not apply, and plaintiff is not entitled to uninsured motorist coverage.
Insurance – Auto – Bus for Hire – Insufficient Coverage – Civil Practice – Res Judicata
Armwood v. North Carolina Farm Bureau Mutual Insurance Co. The minor plaintiff was injured due to the negligence of the driver of a bus, which did not have the minimum $5 million in “financial responsibility” required by the Federal Motor Carrier Safety Act. This lawsuit seeks amendment of the liability amount for which the defendant-insurer would be responsible. Contrary to plaintiff[...]
Insurance – Auto – Insured’s Failure to Cooperate – No Contact – Detached Trailer
Greco v. Penn National Security Insurance Co. Although the defendant-insurer would be relieved of its duties under the policy if an insured’s refusal to cooperate prejudiced the insurer’s ability to investigate the accident, the insurer’s mere inability to locate an insured driver is not enough to show prejudice.
Insurance – Auto – UIM – Subrogation – Civil Practice – Statute of Limitations
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.
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