Persons can sue the State of North Carolina for acts of "negligence" by State employees. Such suits (or claims) are filed with the North Carolina Industrial Commission.
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Etheridge v. Levitsky, USAA; Scope of Arbitration
In Etheridge v. Levitsky, USAA (unpublished), the plaintiff (insured) was injured in an auto accident. The tortfeasor's liability insurer tendered its limits ($50,000).
Lunsford v. Mills | UIM Coverage | Multiple Tortfeasors
In Lunsford v. Mills (Aug. 20, 2013), the Court of Appeals addressed a very important issue in UIM (underinsured motorist) law involving two tortfeasors.
Wood v. Nunnery | UIM Coverage | Payment of Judgment by UIM Carrier
In Wood v. Nunnery, (2012), the Court addressed the effect of a UIM carrier's payment of a judgment. In this case, the jury awarded $300,000 to the plaintiff.
Creed v. Smith -- Arbitration of Underinsured Motorist Cases
On August 21, 2012, the Court of Appeals held that the insured has a right to arbitrate his UIM claim, even where the liability carrier has not paid its insurance limits.
James v. Integon | Underinsured Motorist Coverage | Material Misrepresentation
In James v. Integon, decided by the Court of Appeals on July 2, 2013, the court addressed issue of an insured's misrepresentation.
Nationwide Insurance v. Integon; Primary and Excess UIM coverage
In Nationwide Insurance v. Integon, the Court addressed the priority among Underinsured Motorist (UIM) policies. In this case, the tortfeasor had $50,000 in liability coverage.
Integon Insurance v. Helping Hands Specialized Transport
In Integon Insurance v. Helping Hands Specialized Transport the Court of Appeals (on 5/6/2014), the court held that an automobile liability policy covered a claim arising when the claimant fell (or slid) in a wheelchair while being lifted up stairs, after being removed from the vehicle insured under the policy.
May v. Melrose South Pyrotechnics | Workers Compensation Exclusivity | Employee versus Independent Contractor
In May, Hill v. Melrose South Pyrotechnics, (February 4, 2014), the Court of Appeals addressed the issue of whether workers were employees or independent contractors. In this case, several workers were injured during a fireworks display.
Medicaid Lien: Wos v. E.M.A. (formerly Armstrong v. Cansler)
On March 20, 2013, the United States Supreme Court held that North Carolina’s statutory scheme for handling Medicaid liens violates federal law. The opinion in Wos v. E.M.A. the federal anti-lien provision pre-empts North Carolina’s irrebuttable presumption that one-third of a tort recovery is attributable to medical expenses.