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Dec 12, 2016

Tire company scores $492,000 win in insurance case

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 of their customer’s accounts. But Colony Tire had insurance, so its owners believed the company […]

Aug 24, 2016

Workers’ Compensation – Insurance – Cancellation – Assigned Risk Policy – Documents Request

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 most recent workers’ compensation insurance audit and the prior year’s tax filing) requested by the […[...]

May 16, 2016

Workers’ Compensation – Insurance – Policy Cancellation – Certified Mail

McNeill v. McNeill (Lawyers Weekly No. 012-111-16, 9 pp.) (Robert Hunter Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: When Travelers Indemnity Company of America canceled the defendant-employer’s workers’ compensation insurance via certified mail, someone other than the employer, i.e. Shirlean Butler, signed and returned the receipt. Though neither party presente[...]

Jan 19, 2016

Civil Practice – Failure to Prosecute – Insurance – Restaurant Fire – Bankruptcy

Greenshields, Inc. v. Travelers Property Casualty Co. of America (Lawyers Weekly No. 011-026-16, 15 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: The plaintiff-insured’s multi-year delay (caused in part by its own bankruptcy) in seeking to reactivate and amend its state-court complaint justified the trial court’s […]

Aug 21, 2014

Insurance – Auto – Unfair Trade Practices Claim – Mere Breach of Contract

Radchyshyn v. Allstate Indemnity Co. (Lawyers Weekly No. 14-04-0819, 10 pp.) (Dennis Howell, Magistrate Judge) 1:14-cv-00169; W.D.N.C. Holding: Where the complaint only alleges that plaintiff had a valid auto insurance policy with defendant, that plaintiff’s vehicle suffered damage from an electrical fire shortly after he purchased it, that plaintiff submitted a claim to defendant, and […[...]

Aug 7, 2014

Workers’ Compensation – Civil Practice – Subject Matter Jurisdiction – Insurance – Attorney’s Fees

  Salvie v. Medical Center Pharmacy of Concord, Inc. (Lawyers Weekly No. 14-07-0760, 12 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Holding: In this dispute, the defendant-carrier seeks reimbursement – from other defendants – of benefits that the carrier paid to an injured employee; however, the injured employee’s right to workers’ […]

Jan 8, 2014

Insurance – Auto – UIM – Family Member – Household Resident – Family Farm

North Carolina Farm Bureau Mutual Insurance Co. v. Paschal (Lawyers Weekly No. 14-07-0006, 17 pp.) (Linda McGee, J.) Appealed from Wake County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: Although the defendant-insured and his granddaughter usually lived in separate houses on the family farm, the insured was the most constant caregiver in his […]

Sep 20, 2013

Insurance broker’s mistake, cover up leads to $1.2M settlement

You can call it rotten luck when an insurance broker makes a mistake on an insurance policy in March and a tornado rumbles through town in April. But a jury called the broker’s ruses after the tornado, like the doctoring of emails, unfair and deceptive trade practices – leading to a more than $1.2 million settlement for a warehousing company that wound up with a void policy.

Sep 20, 2013

Insurer on hook for plaintiff’s $212K legal bill

An insurance company is on the hook for over $212,000 in legal fees a policyholder owes to a designer of home building plans after a federal judge rejected its arguments in a declaratory judgment motion.

Feb 28, 2013

Civil Practice – Motion to Intervene – Untimely – Insurance – Tort/Negligence – Wrongful Death

Scottsdale Insurance Co. v. Children’s Home Society of North Carolina, Inc. Even though the proposed intervenors wish to adopt wholesale the arguments of defendant, the mere presence of additional claimants introduces new issues, such as how many claims occurred for purposes of calculating applicable insurance policy limits.

Feb 15, 2013

Insurance – Homeowners – Exclusion – Named Insured – Shooting Death

According to the complaint, a husband accidentally shot and killed his estranged wife at their home and then shot and killed himself. The wife’s estate obtained a default judgment against the husband’s estate, and the husband’s estate seeks indemnification pursuant to homeowners’ insurance policy issued by defend[...]

Jan 24, 2013

Torts – Negligence – Vicarious Liability – Attorney Fees – Washington Factors

Martin v. OSI Restaurant Partners, LLC Where a trial court operated under an invalid assumption about a previous appellate ruling, and further failed to demonstrate its findings under the Washington factors, an award of attorney fees is inadequate for further appellate review.

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