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Jury awards $1.76M in bad faith case
A Guilford County jury has awarded $1.76 million to an insurance company which alleged that another insurer bungled a personal injury lawsuit in South Carolina federal court, leading to a $3.76 million mid-trial settlement. The case began with an October 2014 wreck in Marlboro County, South Carolina, in which a 61-year-old man and his […]
Attorneys – Attorney-Client Privilege – Insurance – Bad Faith Claim – Claim Files – Certified Question
Because plaintiffs established a prima facie case of bad faith failure to insure, and because the defendant-insurer in its answer denied bad faith liability, the district court ruled that the insured waived the attorney-client privilege with respect to the attorney-client communications in the insurer’s claim files, to the extent such communications are relevant under […]
Bankruptcy – Bad-faith filing not proved by isolated factors
Holding: Even if a debtor filed for bankruptcy in response to a judgment against him and possessed significant assets, the district court did not err in finding that the debtor did not file for bankruptcy in bad faith. Background Appellee Peter Romero, a former U.S. Ambassador, filed a Chapter 7 bankruptcy petition after he was found […]
Race to the courthouse void due to bad faith
A Greensboro company acted in a bad faith when it raced to the courthouse to file a voluntary dismissal of its complaint mere hours after a judge had granted the defendants’ motion to dismiss their claims, and before the defendants’ counsel had a chance to draft a written order for the judge to sign, […]
Attorneys – Sanctions – Bad Faith – Evidence – Arbitration – Predatory Loans
Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 003-018-16, 63 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Plaintiff’s counsel hid the existence of plaintiff’s copy of a loan agreement for almost two years, all the while challenging the authenticity of a defendant’s identical copy of the same agreement, thereby causing an unnecessary appeal. Had […]
Auto insurer settles bad-faith lawsuit for $2.75M
An insurance company that balked over paying benefits to a husband and wife killed in a 2010 car crash will now have to pay up a second time. The couple’s adult children have settled a bad-faith lawsuit against the insurer for $2.75 million after the company initially refused to pay benefits owed to the family, […]
Bankruptcy — Exemptions – Fraud – No Statutory Grounds
In re Caillaud (Lawyers Weekly No. 14-05-1010, 9 pp.) (J. Craig Whitley, J.) 13-30835; W.B.N.C. Holding: Even though the facts strongly suggest that the debtor attempted (1) to mislead her creditors, the trustee and this court, (2) to convert estate property, and (3) to abuse the safe harbors of the bankruptcy system, since this case […]
Nationwide pays $750K to settle bad faith claim
For 19 years, Carl Johnson thought the so-called “blanket” insurance policy he had on his farm would protect him from any claims related to his work on or off the field.
Civil Practice – Statute of Limitations – Tort/Negligence – Conversion Claim – Accrual Date – Judgment Debtor – RICO – Voluntary Dismissal – Bad Faith
Eubank v. Van-Riel A New York attorney had a $100,000+ judgment against plaintiff. Plaintiff’s state-law claims against defendants arose when plaintiff learned that defendants had paid the New York attorney $30,000 that defendants owed to plaintiff. Although the New York attorney temporarily returned the funds to defendants in order to complete the steps necessary to comply with New Yor[...]
Chicago Title pays church $698,000 on $100,000 policy
Andrew Fitzgerald's (pictured) first foray into title insurance was over a half-million-dollar success. He was hired by Reynolda Presbyterian Church in Winston-Salem to sue Chicago Title Insurance Company after the insurer allegedly failed to defend the church against claims its neighbors brought against it. The church housed its administrative offices in "Harper House," which was situated on one [...]
Criminal Practice – Exculpatory Evidence – Video – Destruction of Evidence – Bad Faith
State v. Absher. The defendant made numerous requests for specific items of evidence that were favorable to him and material to his defense, and the state failed to provide the evidence, destroyed it and then stated it could not be produced. A flagrant violation of the defendant's constitutional rights occurred, and dismissal was appropriate.
Costs, fees awarded to insurer in deceptive trade practices case
The plaintiff, Dr. John Redden, a retired chiropractor, was involved in a motor vehicle accident on May 19, 2005, on U.S. Highway 70 near Salisbury. Redden was in a line of traffic that was stopped for a vehicle ahead of him to make a left-hand turn. The defendant, Gail Heggans McClain, admitted coming over the […]
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
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- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
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- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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