The defendant-insured stressed to the third-party defendant-insurance agency that trademark and copyright infringement coverage was important, and the list of policy exclusions that the agency provided at defendant’s request did not contain an exclusion for trademark or copyright infringement. However, ...

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An injured worker who suffered a traumatic brain injury after falling 18 feet onto concrete will be able to pursue a malicious prosecution claim against an insurance company that he says gave false information to police in an effort to ...

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Where defendant was charged with defrauding The Hartford Insurance Company, but where the state presented evidence only that defendant made fraudulent statements to Nationwide, the state failed to prove the crime for which defendant was indicted. We vacate defendant’s conviction ...

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Booth v. Hackney Acquisition Co. (Lawyers Weekly No. 011-329-17, 12 pp.) (Hunter Murphy, J.) Appealed from the Industrial Commission. N.C. App. Holding: Although some occupational diseases, like the cancer that killed plaintiff’s decedent, do not develop for many years, the ...

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Nash Hospitals, Inc. v. State Farm Mutual Automobile Insurance Co. (Lawyers Weekly No. 011-231-17, 25 pp.) (Lucy Inman, J.) Appealed from Nash County Superior Court (Cy Grant, J.) N.C. App. Holding: The defendant-insurance company violated G.S. §§ 44-50 and 44-50.1 ...

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Hetzel v. JPMorgan Chase Bank, N.A. (Lawyers Weekly No. 002-013-17, 20 pp.) (Terrence Boyle, J.) 4:13-cv-00236; E.D.N.C. Holding: Even though plaintiff and the defendant-bank were parties to a contract, plaintiff alleges that the bank mishandled funds by paying off the ...

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David Wichnoski, O.D., P.A. v. Piedmont Fire Protection Systems, LLC (Lawyers Weekly No. 011-004-17, 25 pp.) (Linda McGee, C.J.) Appealed from Mecklenburg County Superior Court (Forrest Bridges, J.) N.C. App. Holding: Even though plaintiffs’ losses exceeded their policy limits, so ...

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Beal v. Coastal Carriers, Inc. (Lawyers Weekly No. 011-410-16, 35 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Holding: Neither South Carolina law nor a South Carolina workers’ compensation policy requires the defendant-South Carolina carrier to provide ...

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In the end, it came down to a single phrase. Colony Tire Corp. suffered a nearly $500,000 loss after the owners of the company it hired to handle its payroll and tax payments had been embezzling millions of dollars out ...

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Owen v. Hogsed (Lawyers Weekly No. 012-170-16, 13 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The defendant-employer breached the terms of its assigned-risk workers’ compensation policy by failing to provide the documents (the employer’s ...

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