Individuals and companies who provide a service for a fee, such as insurance agencies, carry errors and omissions insurance to protect against a negligence claim made by a client. While these claims are most often defended by professional liability attorneys, there are clear advantages to retaining a liability attorney who is also familiar with insurance…
Partner Bill Bulfer contributed to an article published in the May edition of DRI’s flagship publication, For the Defense. The article, titled “The Dynamic of the Defunct Insured and Bad Faith,” outlines how counsel and claims handlers can successfully handle coverage for defunct insureds and corresponding claims from plaintiffs asserting bad faith. Each issue of For…
Numerous businesses impacted by COVID-19 are searching for relief wherever they can find it. Difficult decisions are being made with respect to layoffs, lease or mortgage payments, and federal loan assistance as companies attempt to navigate the current environment. One area generating increased attention is whether a company’s contract provisions create either an obligation or…
Many companies carry business interruption insurance as a component of their first-party property insurance or as a freestanding policy. Such coverage protects against losses sustained during periods of suspended operation due to various events and damage. Although there is no doubt that operations and business has been suspended across countless industries in recent months, business…
On March 27, 2020, and again on March 30, 2020, Mike Causey, Insurance Commissioner at the North Carolina Department of Insurance issued Orders that N.C.G.S. § 58-2-46 be effective across all North Carolina counties. The Orders are effective until April 26, 2020, and apply to all insurance companies including service corporations, HMO, MEWA, surplus lines…
In the world of insurance, it is inevitable that policies will be cancelled. As you can imagine, there is nothing worse than receiving a claim on a policy well after the effective date of cancellation. What should be a simple, clear cut denial of liability can quickly spiral into an expensive defense effort resulting in…
Partners Bill Bulfer and Courtney Britt recently contributed to DRI’s Insurance Policy Rescission Compendium by authoring the North Carolina Chapter. The compendium is a joint project between the DRI Insurance Law Committee and the DRI Life, Health and Disability Committee that took over a year to complete. It “is a comprehensive resource for insurance carriers,…
On January 31, 2019, at the NC Bar Center in Cary, NC, the Insurance Law Section will hold their 2019 annual meeting and CLE. This year’s concept, “Back to the Basics,” will assist attorneys and insurance adjusters both new to and well versed in insurance law. CLE credits are being offered (including 1 hour of ethics/professional…
A recent civil case involving a workers’ compensation claim examines the bounds of third-party beneficiary status in North Carolina. Seguro-Suarez v. Key Risk Insurance Co. began as a workers’ compensation case filed at the North Carolina Industrial Commission. However, the case recently decided by North Carolina’s Court of Appeals is a civil case which was…
Attorneys Courtney Britt and Bill Bulfer wrote the North Carolina Chapter in the Unfair Claims Settlement Practices Compendium published by the Defense Research Institute. The compendium surveys insurance law and practices in all 50 states, the District of Columbia, and the U.S. Virgin Islands. It focuses on claims handling and timing issues, providing references to applicable…