Entries by InsuranceLaw

Insurance Law Section Annual CLE: Friday, January 26, 2024

By Nikki Feliciano  The Insurance Law Section’s annual CLE is almost here! The CLE is scheduled for January 26, 2024, at the Bar Center in Cary, North Carolina. The six-hour CLE will cover interesting insurance topics such as uninsured/underinsured motorist coverage, a stimulated mock mediation addressing insurance topics, and an interactive mental health segment. The […]

Duty to Defend in North Carolina – Recent Cases

By Alan Ruley The duty to defend is a threshold question in nearly every insurance coverage matter.  Several recent decisions from federal and state courts in North Carolina contain excellent discussions and analysis of that duty. They are summarized below. 1. Craige v. Geico, No. 1:19-cv-408, 2020 WL 6946937 (M.D.N.C. November 25, 2020, Judge Schroeder).  […]

Duty to Defend Triggered by Extrinsic Evidence

By Bill Lipscomb A U.S. District Court decision issued on Nov. 25, 2020, is a good illustration of the rule that if a Complaint implicates the possibility of coverage, the insurer’s duty to defend cannot be eliminated by extrinsic evidence that demonstrates no coverage, and if it is determined that the insurer’s refusal to defend […]

COVID-19 Litigation Kicks off in North Carolina

By Susan Boyles And so it begins . . . one of the first coronavirus insurance coverage cases in N.C. was filed recently in Guilford County Superior Court. Not surprisingly, the plaintiffs are restaurants that were forced to close or curtail their services due to Gov. Cooper’s stay-at-home order that went into effect in mid-March. […]

Do I Have Business Insurance for Coronavirus Losses?

By Susan Boyles The coronavirus has turned all of our lives upside down in the past two weeks. Who would have dreamed that we would be required to work from home, courts would be operating on a drastically reduced schedule, the NCAA Tournament and the Summer Olympics would be cancelled, and toilet paper would become […]