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Case Summary: Coverage of Leased Vehicles

Blanket Auto Insurance Coverage for Leased Vehicles Nationwide Mutual Insurance Company v. Land 318 N.C. App. 551 (1986) North Carolina Supreme Court Background This case involves a question of insurance coverage, specifically whether a blanket automobile policy, which was issued by plaintiff, Nationwide Mutual Insurance Company (Nationwide) to North Carolina National Bank (NCNB), provides coverage for its leased vehicles, of which defendant, Archie Roland Talley…

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Case Summary: Additional Vehicles on Policy

Additional Vehicles Must Be Added to Policy For Coverage Batts v. Lumbermen Mutual Casualty Insurance Co. 192 N.C. App. 533 (2008) North Carolina Court of Appeals Background This case involves a question of insurance coverage for a vehicle recently purchased by the insured and the plaintiffs, Johnny and Gloria Batts (the Batts). The plaintiffs had an automobile insurance policy through the defendant, Lumbermen Mutual Casualty…

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Case Summary: Insurance Coverage for Families

Auto Insurance Coverage for Family Members Integon National Insurance Co. v. Villafranco 228 N.C. App. 290 (2013) North Carolina Court of Appeals Background The insurer, Integon National Insurance Company (Integon), sought to deny liability for injuries sustained by passengers in a vehicle that was insured under Elizabeth Villafranco’s (Villafranco) name. At the time of the accident, the vehicle was being driven by Villafranco’s fourteen-year-old son,…

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Case Summary: Car Dealership Insurance and Transferring the Car Title

Car Dealership Insurance and Transferring the Car Title Bissette v. Auto-Owners Insurance Co. 208 N.C. App. 321 (2010) North Carolina Court of Appeals Background The plaintiff, Joshua Watson Bissette (Bissette), sustained serious injuries as a result of a collision with Bryan Keith Cothran (Cothran). Cothran had recently bought the vehicle involved in the accident from Craig A. Cleveland (Cleveland), the owner and President of Connected…

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Case Summary: Underinsured Motorist Coverage in North Carolina

Underinsured Motorist (UIM) Coverage in North Carolina Car Accidents Lunsford v. Mills, 367 N.C. 618 (2014) Supreme Court of North Carolina Background Defendant, Thomas Mills (Mills) lost control of his tractor-trailer while traveling eastbound on Interstate 40 in McDowell County, struck the median barrier, and flipped over. The plaintiff, Douglas Lunsford (Lunsford), a volunteer firefighter, was first on the scene and while attempting to rescue Mills,…

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Case Summary: Multiple Claimants Affects UM Coverage

How Multiple Claimants Affects Underinsured Motorist Coverage Ray v. Atlantic Casualty Insurance Co. 112 N.C. App. 259 (1993) Court of Appeals of North Carolina Background This case arose out of injuries sustained by Shanta’ L Ray (Ray), George Royal, Jr. (Royal), and Saundra Barbour (Barbour) as a result of an accident allegedly caused by Ronnie Rufus Pollard (Pollard). There was also a passenger in Pollard’s…

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Case Summary: Recovery for Pre-Judgment Interest in NC

Recovery for Pre-Judgment Interest Nationwide Mutual Insurance Company v. Mabe 342 N.C. 482 (1996) Supreme Court of North Carolina Background This action arose out of an automobile accident in which Lucinda Sue Scott, Brenda Kay Mabe, Kimberly Hope Mabe, and Heather Dora Mabe were riding in a vehicle driven by Carolyn Mabe Scott (collectively the Mabes and the Scotts), when the vehicle was struck head-on…

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Case Summary: No Contact, No Coverage – North Carolina Law

Uninsured Motorist (UM) Coverage – No Contact, No Coverage Andersen v. Baccus 335 N.C. 526 733 (1994) Supreme Court of North Carolina Background This case arose out of an accident in which a vehicle, driven by Defendant Marilyn Combs Baccus (Baccus) struck an automobile driven by Saundra L. Andersen, the wife of Plaintiff James J. Andersen (Andersen). The wreck occurred when defendant Baccus swerved to…

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How Insurance Coverages Interact

How Liability Insurance, Uninsured/Underinsured Motorist Insurance and MedPay Interact Being in an accident can be inconvenient on many different levels. You may suffer injuries, lose your vehicle for a significant amount of time, miss time from work and more. Whatever the reason may be, we can all agree that in some way or another, being involved in an accident will likely cause some sort of…

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Durham Injury Attorney – Uninsured or Underinsured At-Fault Drivers

Uninsured or Underinsured At-Fault Drivers – Durham Accident Lawyer Your personal automobile insurance may provide coverage should the at-fault driver have too little insurance coverage, or no insurance coverage at all. Generally, an at-fault driver is uninsured if: 1. The accident is classified as “hit and run;”   2. The at-fault driver is “unidentified;” or,   3. The driver illegally operating a vehicle without an…

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