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 instructions, which may be seen on the Section website, cover the following topics:

  1. First-party bad faith;
  2. Expected or intended injury exclusion in CGL policy;
  3. Expected or intended injury exclusion in homeowners’ policy; and
  4. UM/UIM resident of household.

The proposed instructions have been submitted to the Pattern Jury Instruction Committee of the North Carolina Conference of Superior Court Judges for its consideration as additions to the North Carolina Pattern Instructions. Judge Don Bridges, the incoming chair of the Pattern Jury Instruction Committee, has asked the following regarding the proposed instructions on residency and intentional injury:

  • Have cases raising these issues as jury questions been tried in Superior Court?
  • If so, who were the lawyers and judges involved?

If you have knowledge of any cases responsive to these questions by Judge Bridges, please communicate the responsive information to Elizabeth Hodges at the address set forth below.

The Pattern Jury Instruction Committee of the Council continues work on additional proposed instructions.  To assist in that work, the Committee also requests that members of the Section provide the Committee with any jury instructions on insurance issues that were adopted and given by the court in any of their cases.  The Committee will consider any samples received in its work.

The Committee also welcomes suggestions for additional pattern instructions or offers to volunteer by any member of the Section.

Please send information responsive to Judge Bridges, sample instructions, suggestions for topics and offers to volunteer to Elizabeth Hodges at