As we continue to navigate the uncertain but improving times of the COVID-19 pandemic, potential legal exposure related to COVID-19 remains a particular concern for employers and business owners. For example, consider those people who are finally deciding to dine out indoors at a local restaurant: From the customer’s perspective, they may wonder what can…
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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…
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Wanda Blanche Taylor confirmed by NC General Assembly to Serve as a Commissioner Wanda Blanche Taylor was confirmed by the North Carolina General Assembly to serve as a Commissioner replacing former Commissioner and Chair of the Commission, Charlton Allen. Commissioner Taylor’s term begins immediately and runs through June 30, 2026. Adrian A. Phillips Confirmed…
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If a claimant in a workers’ compensation claim is a current Medicare beneficiary, the carrier has certain reporting obligations to the Centers for Medicare and Medicaid Services (CMS). Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), the carrier’s Responsible Reporting Entity (RRE) must not only report any settlement as…
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As we head into the summer season, there is no better time for a refresher on the calculation of average weekly wages for seasonal employees. Definition of a Seasonal Employee A seasonal employee is one whose primary employment is during “peak” times versus “slack” times. When looking into this issue, it is important to remember…
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We finally have more guidance on ways local governments may use their allotted ARPA recovery funds. On May 10, 2021, the United States Treasury adopted a final interim rule and put out a factsheet outlining the different ways eligible local governments can use their fiscal recovery funds from the federal spending package known as the…
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Occupational diseases that attack injured workers’ lungs are often filed with the North Carolina Industrial Commission. The most common lung diseases include: (1) silicosis; (2) asbestosis; (3) byssinosis; and (4) occupational asthma. Silicosis and asbestosis are specifically enumerated in N.C Gen. Stat. § 97-53. Byssinosis and occupational asthma are not specifically enumerated under this statute,…
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In North Carolina, lawsuits by homeowners against contractors and subcontractors are governed by the economic loss rule. This rule, articulated in the seminal case Ports Auth. v Lloyd A. Fry Roofing Co., states that a plaintiff cannot sue in tort when a contractual remedy exists, with a few exceptions: unless a third-party sustained the injury,…
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Assume you find yourself in the unfortunate situation where a current or former customer has filed a claim against you or your broker-dealer. The claim will proceed to arbitration, but who will make a ruling on the claims against you? There is no judge, there are no juries, just arbitrators and a panel. But who…
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The tripartite relationship refers to the relationship between the insurer, the insured, and the attorney arising out of the insurance contract. Each party to the relationship has their own respective duties and roles, which will be discussed in turn. In litigation, it is critical for each member of the tripartite relationship to understand its role…
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