Attorneys Derek Adler and Fred DeVore obtained a 1.15 million dollar verdict against a bank who acted in bad faith during a foreclosure.
Plaintiff Secures $1.5 Million in Damages Against Insurance Agent for Fraud
A plaintiff’s warehouse was damaged by a tornado and the insurance company denied coverage based on errors in the insurance application which had been prepared by the plaintiff’s long-time agent. The jury awarded damages against the agent for not securing coverage, providing false information on the application and for altering emails from the plaintiff in an attempt to make the plaintiff seem evasive and deceptive. The court tripled the jury award as a result of the agent’s violation of North Carolina’s Unfair and Deceptive Trade Practices Act.
Warehouse Insured Receives $1.3 Million After Bad Faith Verdict Against Carrier for Warehouse Collapse
Plaintiffs’ warehouse experienced a sudden collapse which the plaintiff contended was covered in their commercial general liability insurance policy. Plaintiffs contended the carrier had failed to pay the claim under the terms of its policy or to follow the recommendation of the defendant’s independent adjuster who told the carrier it would be on “thin ice” to deny the claim. Verdict rendered on March 12, 2004.
Employee’s Appeal Unlocks Company’s Automobile Insurance Benefits
An Iredell County man who was hit on his motorcycle while running a job errand has recovered $1.2 million. The case illustrates the various insurance pools workers can turn to after job-related auto accidents. The case settled after the Court of Appeals determined that up to $1,283,500 million in underinsurance coverage was available from a policy held by the employer.
$540,000.00 Property Damage- and -$250,000.00 – Bad Faith-Insurance Case
Engineer and his wife suffered a fire loss and had disparate estimates of repair. Matter was arbitrated and award for home against insurance company was $540,000.00. It was discovered through the process that the insurance company was acting in BAD FAITH and in violation of Chapter 58 of the North Carolina General Statutes. A second cause of action in tort was begun and later settled for an additional payment of $250,000.00.
Court of Appeals Affirms Punitive Damage Award of $225,000 Against Insurance Company for Bad Faith
After death of his daughter, the claimant sued insurance company for failing to timely pay $2,000 in undisputed claims. The jury awarded $225,000 in punitive damages. The award was affirmed by both the North Carolina Court of Appeals and the North Carolina Supreme Court. Lovell v. Nationwide, 334 N.C. 682.
Court of Appeals affirms right of paraplegic to recover insurance proceeds after accidental shooting
After client was accidentally shot while visiting the home of a friend, an issue arose as to whether the homeowners insurance policy would insure the injuries the client suffered. In reversing the trial judge’s decision that such coverage did not exist, the North Carolina Court of Appeals found that the accidental shooting was a covered event. The case was ultimately resolved in a confidential fashion.
Injured Party Entitled to Higher Underinsurance Limits by Failure of Insurance Agent to Obtain Waiver
The North Carolina Court of Appeals ruled that person who was injured in an automobile accident was entitled to higher limits of underinsurance to cover his injuries, when the insurance adjuster failed to have the insured properly reject the coverage. McNally v. Nationwide, 142 N.C.App. 680, 544 S.E.2d 807