In an unpublished case decided by the North Carolina Court of Appeals on February 5, 2013, the Court held that an exclusion for injury to a leased employee was not covered under an automobile insurance policy. In this case,
In Brown v. Penn National (MDNC, January 28, 2014), the federal court addressed whether an operator of a vehicle had liability coverage for injuries arising out of her use of a vehicle owned by her husband's employer.
In Montgomery Mutual Ins. v. Citadel Management (November 22, 2013; WDNC) a federal court addressed coverage for and a duty to defend claims for improper burial. In the underlying tort action, the plaintiff alleged that thecemetery mishandled
On August 7, 2012, the Court of Appeals held that a worker who fell three floors could not sue the company that installed the "nut" that failed, causing his fall, because of the "completed and accepted" doctrine
In Katy v Kapriola, from April 16, 2013, the Court of Appeals ruled that the lower court erred in failing to submit the patient's contributory negligence to a jury, thereby reversing a verdict of $667,000.
In Frazier v. Carolina Coastal Railway the Court of Appeals (on 11/19/2013) held that a motorist was contributorily negligent as a matter of law for traveling upon and staying upon a railroad track, when she was struck by a train.
The general measure of damages, either for negligence or breach of contract, is that amount required to place the injured person in the position that he would have been if the defendant had not breached his duty to the plaintiff.
In Anderson v. Cincinnati Insurance Company, the federal court in Asheville (on February 5, 2013) ruled in favor of an insured, in a claim against the insurer arising from a Directors and Officers (D&O) policy.