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Coverage Update: NC Court Of Appeals Upholds Application of Borrowed Servant Doctrine to Employee Exclusion

7 October 2019 Joe Fulton The North Carolina Court of Appeals recently released its opinion in State Farm v. Don’s Trash Company, Inc. (opinion available to Lexis subscribers here and from nccourts.gov here).  Although unreported, the case is worthy of note for a couple of different reasons.  The first and most significant is the Court’s Read More

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Petition for Discretionary Review Filed in N.C. Farm Bureau v. Dana

4 October 2019 Joe Fulton Recently, I wrote about the North Carolina Court of Appeals’ decision in N.C. Farm Bureau v. Dana. You can find that article here. Dana held, in essence, that where you have an underlying liability policy exhausted on a per accident basis,  UIM coverage must also be determined on a per accident basis Read More

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North Carolina Court of Appeals Limits Resident Relative Coverage. Judge Inman Dissents.

26 September 2019 Joe Fulton Various policy forms use slightly different language to bring resident-relatives within the definition of insureds.  The standard form personal auto policy issued in North Carolina does it by including the defined term “family member” within the definition of the term “insured.” In turn, the policy defines “family member” as follows: Read More

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Security Guards and Company Police in Premises Liability Cases

26 September 2019 S. Mark Henkle Premises liability comes in all shapes and sizes.  More and more, private companies and landlords are employing private security to provide some measure of protection, but their activities can sometimes lead to liability claims.  At its core, private security can take two different forms:  typical security guards (like the Read More

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Offers of Judgment: A Tool for Early Resolution

18 September 2019 Lee M. Thomas Claim professionals and defense attorneys often review cases in which liability of the insured/client is beyond dispute.  What is less clear, however, is the methodology (or lack thereof) utilized by plaintiff attorneys in calculating wildly exorbitant pre-suit or post-litigation demands.  Plaintiff attorneys may argue the case is a “limits Read More

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ASSESSING N.C. FARM BUREAU V. DANA

4 September 2019 Joe Fulton HAVE A CLAIM INVOLVING MULTIPLE UIM CLAIMANTS? THE LIMITS MIGHT NOT BE WHAT YOU THINK THEY ARE: ASSESSING N.C. FARM BUREAU V. DANA   The North Carolina Court of Appeals recently issued its decision in N.C. Farm Bureau v. Dana, a UIM case with multiple claimants.  No. COA18-1056, 2019 N.C. Read More

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