In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more
On April 18, 2022, the Fourth Circuit Court of Appeals reviewed an insured’s claim against its own property insurer for violation of the North Carolina’s Unfair and Deceptive Trade Practices Act (“UDTPA”) in a rare published...more
Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more
9/16/2021
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On March 16, 2021, an order was entered by US District Court Judge Richard E. Myers, II granting Valley Forge Insurance Company’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See...more
One of the first insurance coverage lawsuits related to the COVID-19 pandemic was recently filed in North Carolina. The Complaint was filed in Guilford County Superior Court by a group of local restaurants and bars. ...more
The outbreak of COVID-19 has spawned a number of recent lawsuits by policyholders seeking business interruption coverage for losses resulting from closure orders issued by government officials. Below is a list of several...more
In the wake of President Trump’s recent Major Disaster Declaration for the State of North Carolina, the North Carolina Insurance Commissioner issued an Order on March 27, 2020 deferring insurance premium payments for 30 days...more
Ohio and Massachusetts have followed New Jersey’s lead in attempting to push through legislation that would force insurers to provide COVID-19 coverage. The proposed bill filed earlier this week in Ohio seeks to require...more
With the spread of Coronavirus Disease-2019 (COVID-19) and its devastating impact on public health and the global economy, you can expect to see a spike in insurance claims in the coming months. These claims will likely...more
In response to the rapidly growing concern over the spread of the Coronavirus, on March 14, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 117 prohibiting mass gatherings, closing NC public schools and...more
As restaurants close dine-in service for guests, restaurant owners and operators might consider offering delivery service during these unprecedented times. If this is something you’re considering, but your restaurant has...more
In the recent case of Dion v. Batten, No. COA16-63, 2016 WL 4088417 (N.C. App. Aug. 2, 2016), the North Carolina Court of Appeals held for the first time that an underinsured motorist (UIM) carrier has standing to seek a...more
Bad faith claims are on the rise in North Carolina. As an insurer, you must familiarize yourself with the possible grounds for such claims so you will know how best to avoid them. As you will see below, the outcome of a bad...more