By Susan Boyles Accardi v. Hartford Underwriters Ins. Co., ___ N.C. __ , No. 42A19 (Feb. 28, 2020) The North Carolina Supreme Court nixed a putative class-action lawsuit against a property insurer and validated the insurer’s untested practice of depreciating labor costs under actual cash value (“ACV”) policies. A unanimous Court held that an insurance […]
Dear Section Members! I hope you all had a wonderful holiday season and a happy start to the New Year! On Thursday, January 30, 2020, the NCBA Insurance Law Section will host its seventh annual CLE at the North Carolina Bar Center in Cary, North Carolina. This year’s CLE covers a number of insurance-related topics […]
By Alan M. Ruley Choice of law is often an important issue in insurance coverage disputes. Both policy holders and insurers will argue for application of the law of a State that they deem most favorable to their position. Judge Gale of the Business Court recently had an opportunity to consider that issue in American […]
By Dan Morton There is a case making its way through Onslow County Superior Court that you may want to keep an eye on. In Ortez and the Estate of Estes v. Penn National Security Insurance Company (Penn National) a trial court recently awarded judgment against Penn National for treble damages of $28,949,424.80, for breach […]
The Insurance Law Section Council previously 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 […]
By Daniel Knight In case you missed it, the Insurance Law Section of the North Carolina Bar Association held its annual meeting and CLE at the Bar Center in Cary on January 31, 2019. The theme of this year’s CLE was “Back to the Basics” and included a great selection of speakers covering topics such […]
By Dan Morton Hairston v. Harward, N.C. Supreme Court, No. 416A17 Dec. 7, 2018 In Hairston v. Harward, 821 S.E.2d 384 (N.C. 2018), the Court held that an underinsured motorist was not entitled to a credit against a judgment for payments made by the plaintiff’s underinsured motorists carrier. The case is interesting on many levels, including […]
By Susan H. Boyles Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance policy that purported to exclude coverage for claims involving sovereign immunity was […]
The Insurance Law Section’s 2019 CLE is premised on a “back to basics” concept to assist attorneys and insurance adjusters both new to and well-versed in insurance law. Back to Basics: Insurance Law Section Annual Meeting and CLE Live and Webcast Thursday, Jan. 31, 2019 NC Bar Center, Cary CLE Credit: 6.5 hours, includes 1.0 Hour […]
By Susan Boyles In a recent case involving claims against an insurance broker, Judge Graham Mullen firmly put the burden of reviewing an insurance policy and understanding coverage exclusions on the insured. Granting summary judgment for the broker on the insured’s negligence and breach of fiduciary duty claims, the Court declared that the insured’s claims […]