Insurance Law Section
4th Circuit Case Summary: Continental Casualty Co. v. Amerisure Ins. Co.
Continental Casualty Co. v. Amerisure Ins. Co., 886 F.3d 366 (4th Cir. 2018) The Fourth Circuit has ruled that the terms of an underlying agreement between…
Insurance Law Section Annual Meeting and CLE Wrap-Up
In case you missed it, the Insurance Law Section of the North Carolina Bar Association held its annual meeting and CLE at the NC Bar Center in Cary on January…
Token Offers By UIM Insurer Do Not Constitute Unfair Claims Settlement Practice
In Elliott v. Am. States Ins. Co. 2018 U.S. App. LEXIS 3952 (4th Cir. 2/20/2018), the 4th Circuit held that a UIM insurer, in a claim where the tortfeasor’s…
Trade Creditor Had No Right to Bring Deceptive Trade Practice Claim Against Liability Insurer of Tortfeasor/Insured
On February 20, 2018, the North Carolina Court of Appeals upheld a ruling of the North Carolina Business Court that provides further clarification on whether…
Insurance Law Section Members Author New Insurance Litigation Guide
A newly published LexisNexis Practice Guide entitled “North Carolina Insurance Litigation (2018 edition)” is now available. This publication was authored…
Proposed Pattern Jury Instructions, Comment Requested
The Insurance Law Section Council prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed…
Mere Disagreement With Claim Valuation Not Enough For Unfair And Deceptive Trade Practice Or Bad Faith Claim Against Insurer
In a recent unpublished decision, the North Carolina Court of Appeals reviewed whether an insurer’s handling of a claim constituted, inter alia, an unfair…
Late Notice Under Claims-Made Policy Torpedoes Claim
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…
Reservation Of Rights Letter Found Insufficient By South Carolina Supreme Court
The South Carolina Supreme Court issued a decision on July 26, 2017, which provides some good information regarding the purposes and requirements of…
Direct Contact With the Adverse Insurance Adjuster After Appointment of Counsel
After fruitless negotiations with an insurance adjuster, you file suit and an attorney is retained to represent the defendant. You have been dealing with the…