By Al Benshoff With the adoption of H.B. 310 (S.L. 2017-159), all municipalities and the N.C. Department of Transportation must allow the location of “small wireless facilities” in the public rights-of-way. Here are a few FAQs about the application of the law.
By Nnenna N. Olu, Esq. As I reflect on my time as a student at North Carolina Central University School of Law and the wholesome academic experience that I gained, I am forever grateful for all the pieces that came together to make me the well-rounded attorney I am today. One piece of the puzzle […]
By Marcus Thompson On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act. During the meeting, several presenters addressed the committee with research data and considerations for the juvenile justice system prior to and after the changes to the law […]
By Russell Rawlings What, pray tell, does legendary football coach Vince Lombardi have in common with the comedic actor Bill Murray? The pursuit of perfection. “Perfection,” Lombardi famously stated, “is not attainable, but if we chase perfection we can catch excellence.” As for Murray, it wasn’t what he said about perfection, it was what his […]
The Insurance Law Section Council prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed instructions, which may be seen on the Section website, cover the following topics: First-party bad faith; Expected or intended injury exclusion in CGL policy; Expected or intended injury exclusion in homeowners’ policy; and UM/UIM […]
By Daniel J. Knight In a recent unpublished decision, the North Carolina Court of Appeals reviewed whether an insurer’s handling of a claim constituted, inter alia, an unfair and deceptive trade practice. Jackson v. Century Mutual Ins. Co., 2017 WL 3863901 (N.C. App. 2017). Split 2-to-1, the Court ultimately affirmed summary judgment for the insurer. […]
By James W. Bryan A recent ruling by the federal district court in Raleigh, NC highlights the different treatment the courts give to the late notice defense under a claims-made liability insurance policy versus an occurrence-based policy. The insurer has a clearer opportunity under claims-made policies to defeat coverage when the insured’s notice of a […]
By William Lipscomb The South Carolina Supreme Court issued a decision on July 26, 2017, which provides some good information regarding the purposes and requirements of reservation of rights (ROR) letters. The Court held in Harleysville Group Insurance Corporation v. Heritage Communities, Inc., 803 S.E.2d 288 (S.C. 2017), that an insurer’s ROR letter in a […]
By Molly Martinson and Bridget Warren In our first installment of this three-part series, we discussed advice given by the TCAs in Cumberland, Forsyth and Guilford counties. Now, we turn to the Western part of the state and highlight what the TCAs of Buncombe and Mecklenburg counties want you to know. Rule No. 5: Know […]
By Leslie Pegram Welcome to 2018! I must admit this post has been a few weeks in the making. Between the dusting of snow right after the new year that cancelled school for a few days to digging out from more snow last week (and more cancelled school), I had trouble finding time to squeeze in […]