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John Kirby

Greene v. City of Greenville

On January 15, 2013, the Court of Appeals held that a Town was not liable for the actions of its police officer in speeding, which caused the death of another motorist. In this case, the officer was following a car, suspected of emitting an odor of marijuana.

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John Kirby

Economy Premier Assurance Company v. Mitchell | Homeowners Insurance -- Business Exclusion

In Economy Premier Assurance Company V. Mitchell, decided in the Western District Of North Carolina on May 29, 2013, the court addressed an exclusion for the insured's "business." The insured had a homeowners policy. While she was watching (babysitting) a child, the child became injured. A claim was made against her, and the issue was whether the liability portion of the HO policy provided coverage.

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John Kirby

Natiownide v. Frye, Holt | Insurance Coverage for Acts of Child Abuse | Definition of Insured | Co-insured exclusion

In Natiownide Mut. Fire Ins. Co. v. Frye (MDNC Dec. 2, 2013), the federal court addressed coverage for a child who was injured by an insured in a home, under a homeowners insurance policy. The case raised an issue as to an exclusion for a "co-insured," which stated that that the policy excluded bodily injury cuased by one insured against another insured.

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John Kirby

Bridges v. Farm Bureau

In an unpublished case decided by the North Carolina Court of Appeals on February 5, 2013, the Court held that a named insured cannot recover under the liability portion of a homeowners policy. In this case, the insured-wife was specifically named on the policy as an insured.

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John M. Kirby

Guessford v. Pennsylvania National Insurance

In Guessford v. Pennsylvania National Mutual Casualty Insurance Company, the federal court in Greensboro (on January 16, 2013) denied a motion to dismiss a claim for bad faith and unfair and deceptive acts against an insurance company.

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