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Tag Archives: Auto

Insurance – Auto – UM – Falling Tire – ‘Contact’ Requirement (access required)

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.

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Insurance – Auto – Bus for Hire – Insufficient Coverage – Civil Practice – Res Judicata (access required)

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 plaintiffs’ argument, they were not required to wait until they had a judgment before they filed a claim under the Act; in fact, the judgment in the underlying state-court action between plaintiffs and the bus’s insurer bars plaintiffs’ claim under the Act.

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