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The Collateral Source Rule in North Carolina: Hairston v. Harward

The collateral source rule is a substantive rule concerning damages.  It prohibits a plaintiff’s recovery from being reduced by some source “collateral” to the defendant.  What this means is that a defendant is generally not permitted to introduce evidence that the plaintiff has received compensation for his or her injuries from some source independent from Read More

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Multiple UIM Policies for One Claimant: Who Gets the Credit?

In underinsured motorists (“UIM”) cases in which more than one UIM insurer provides coverage, the insurers may dispute how the liability insurance credit should be apportioned among them. This situation comes up with some regularity when a UIM beneficiary is an insured under their own policy and is also an insured under a second policy Read More

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Liability Always, Usually, Often, Sometimes Rolls Downhill: Indemnity Problems in Construction Litigation

A sleek, mixed-use development in Raleigh offers its tenants a concierge service, private Juliet balconies, and common-area foosball tables.  Feet on the desk, the developer calls investor after investor with the same pitch on millennials’ taste for toys and luxury.  Fast-forward three year and five missed project deadlines, a general contractor looks up from the Read More

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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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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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