Entries by InsuranceLaw

Proposed Pattern Jury Instructions Submitted

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 […]

NC Supreme Court: Hairston v. Harward

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 […]

Court Rules Insured Has Duty To Read Insurance Policy Sooner Rather Than Later

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 […]

NC Business Court Weighs In On ‘Actual Cash Value’

By Susan Boyles Accardi v. Hartford Underwriters Ins. Co., 2018 NCBC 109 (Oct. 22, 2018)  A storm damage claim with only $169.30 in controversy has set the stage for a battle over actual cash value calculations. In a win for insurance carriers, Business Court Judge Gregory McGuire dismissed a putative class-action lawsuit against Hartford, holding that […]