The greater the appraisal award is, the greater frequency that the insurance company will flip out and blame somebody or something for causing a large appraisal award. This is the situation in a North Carolina case where the insurance company has sued the umpire.  Continue Reading Does an Umpire Have Immunity From Suit? Is an Appraisal an Arbitration in North Carolina?

A brief filed by the State of North Carolina1 acting through its Attorney General recited a number of basic insurance contract interpretation rules. Public policy supporting these rules is not often reflected in briefs, but North Carolina made a point of discussing those.
Continue Reading North Carolina Insurance Contract Interpretation and Philosophies of Insurance As Explained By The State of North Carolina

Treble damages may be available when insurance companies act deceptively handling claims under North Carolina North Carolina’s Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. § 75.1-1. A recent decision involved an obvious “collapse loss” where the insurer searched for a theory that would find no coverage. Collapse losses to buildings are no joke. Serious damage to property and people are at stake. The facts of this collapse show how close having fun can be to a horrific event.
Continue Reading Treble Damages for Insurance Company Misconduct in North Carolina and Collapse Coverage Confirmed

Insurance companies often have clauses which shorten the time to file suit against them that are less than the statutory limitations for suit. Some states allow this, and some states do not. An important North Carolina decision filed yesterday indicates that North Carolina will not allow insurance companies to shorten statute of limitations under property insurance policies. The limitations period is three years from the date of the loss.1
Continue Reading Insurance Claim Statute of Limitations In North Carolina

While researching how the Tar Heel State interprets insurance policies, I came across two helpful sources that set out how the policyholder is favored. The first is a blog post from Merlin’s own resident expert in North Carolina law, Beaujeaux de Lapouyade. You can read her blog post here.
Continue Reading A Refresher on Interpreting Insurance Policies in North Carolina

The 2020 hurricane season began June 1, 2020. It is important for adjusters to prepare themselves now on state-specific policy provisions and statutory language that can impact coverage in the event of another hurricane or named storm this season.
Continue Reading North Carolina Department of Insurance Provides Guidance on Procedures for Catastrophic Adjusters

Depreciation of labor when determining actual cash value is being raised in cases throughout the country with mixed results. In,
Tennessee Tornado Terror and The Insurance Claim Aftermath, I noted that Tennessee recently ruled labor will not be deprecated for tornado policyholders. So, what would be the result if those tornados had gone slightly east and hit North Carolina? Does North Carolina allow insurance companies to depreciate labor of a structure to arrive at actual cash value?
Continue Reading Does North Carolina Allow Depreciation of Labor When Determining Actual Cash Value?

I’ve said it before, and I will say it again. My favorite policy exclusions carriers cite to deny property damage claims are wear, tear, and deterioration, improper workmanship, and construction defect. Do you know whether your state is a concurrent causation state? This could mean the difference between coverage and no coverage for a loss.
Continue Reading North Carolina – Concurrent Causation