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Insurance — Homeowners – Negligence & Loss of Services – Molestation – Duty to Defend & Indemnify
North Carolina Farm Bureau Mutual Insurance Co. v. Phillips (Lawyers Weekly No. 011-302-17, 13 pp.) (Donna Stroud, J.) Appealed from Wake County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Holding: Defendant John Doe 236’s claims against the defendant-homeowners are based on his allegations that defendant Beverly Phillips sexually molested Doe’s minor daughter […]
Insurance — Duty to Defend – Contract – Settlement & Defense Agreements – Subcontractor
Liberty Mutual Fire Insurance Co. v. KB Home (Lawyers Weekly No. 14-02-1019, 10 pp.) (W. Earl Britt, Sr. J.) 5:13-cv-00831; E.D.N.C. Holding: Even though the parties’ settlement agreement and defense agreement were executed on the same day and dealt with the same underlying lawsuit, since the settlement agreement dealt with past defense costs while the […]
Insurance – Duty to Defend – Commercial Lines Policy – Separation of Insureds
Universal Insurance Co. v. Burton Farm Development Co. In an underlying lawsuit, a subcontractor alleges that the defendant-developer’s project manager defamed the subcontractor and intentionally caused a breakdown of the contractual relationship between the subcontractor and the developer. Even though the project manager’s commercial lines insurance policy – which names the develo[...]
Insurance – Duty to Defend – Property Damage Coverage – Exclusions – Material Fact – Summary Judgment
Builders Mutual Insurance Co. v. Mitchell. (Lawyers Weekly No. 11-07-0331, 18 pp.) (John C. Martin, Ch.J.) Appealed from New Hanover County Superior Court. (W. Allen Cobb, J.) N.C. App. Click here for the full text of the opinion. Holding: The fact that an accident may have arisen from the insured’s negligence does not prohibit coverage […]
Insurance – Duty to Defend – Expert Witness Fees – Defense Costs
Bain v. Unitrin Auto and Home Insurance Co. (Lawyers Weekly No. 11-07-0266, 15 pp.) (Martha Geer, J.) Appealed from Guilford County Superior Court (Edgar B. Gregory, J.) N.C. App. Click here for the full text of the opinion. Holding: Where an injured insured hired an expert witness on his own before the filing of a […]
Insurers needed actual notice to trigger duty to defend claim
North Carolina has joined a majority of jurisdictions that require a policyholder to provide actual notice to an insurer of a claim before a duty to defend arises. Winston-Salem attorney Garth Gersten (pictured) described the March 15 ruling by the Court of Appeals as "important both for insurance companies and policyholders because it emphasizes that policyholders need to provide notice of claims[...]
Insurance – Notice – First Impression – Duty to Defend – ‘Insured’ – Coverage
Kubit v. MAG Mutual Insurance. The duty to defend arises when an insurer receives actual notice of the underlying action. Since a doctor's complaint against individual anesthesiologists contained . . .
Insurance – Duty to Defend – Ownership of Vehicle – Failure to Cooperate
Bissette v. Auto-Owners Insurance Co. An insurance company has the duty to defend in a case in which a vehicle has been sold to another party without proper notarization of title and when an accident occurred before seller's insurance was set to expire. Even when . . .
Insurance – Commercial Auto – Truck Driver – Wrongful Death – Maine Law – Duty to Defend
Huber Engineered Woods, LLC v. Canal Insurance Co. (Lawyers Weekly No. 10-06-0976, 2 pp.) (Per Curiam) Appealed from Mecklenburg County Superior Court. (Jesse B. Caldwell III, J.) On appeal from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. Holding: For the reasons stated by Judge Steelman […]
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Commentary
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