MARS HILL (AP) — The State Bureau of Investigation is looking into a fire that burned the lodge at the Wolf Ridge Ski Resort to the ground. No one was in the building and no one was hurt in the ...
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Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.Read More »
Patel v. Scottsdale Insurance Co. The parties’ insurance policy gives the defendant-insurer the option of paying either fair market value or replacement value for the plaintiff’s hotel, which was destroyed by fire. However, instead of granting summary judgment for the insurer, the trial court should have stayed this action until the parties completed the appraisal process set out in the policy.Read More »
Colony Insurance Co. v. Peterson A separate agreement existed between the plaintiff-insurer and the defendant-bank as a mortgagee. Accordingly, even if the insurer may rescind its policy with the property owner (and thus the bank as a loss payee) pursuant to G.S. § 58-3-10 due to material misrepresentations in the insurance application, the bank’s rights as a mortgagee would survive.Read More »
This was a wrongful-death claim grounded in products liability. Plaintiff claimed that his 70-year-old mother burned to death as a result of an alleged wiring defect and resulting short circuit in an electric self-propelled wheelchair. Alternatively, plaintiff claimed that the ...Read More »
The decedent was killed when a raging fire consumed her apartment building. Plaintiff alleged that the smoke detectors failed to operate during the fire, depriving the decedent of the opportunity to escape the fire. Plaintiff further alleged that the owner ...Read More »