Tag Archives: North Carolina

An AOB? Can we do that? – Assignment of Benefits in North Carolina

The widespread devastation of Hurricane Florence brought to a recent discussion the question of whether assignment of benefits contracts for property insurance proceeds are enforceable in North Carolina. This is a great question. In a general setting, vendors, services providers and contractors begin their work with a down payment and receive additional payments as work … Continue Reading

Hurricane Florence – What Does My Flood Insurance Policy Cover?

Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, … Continue Reading

Your Hurricane Florence Insurance Claim: Tips From an Experienced Policyholder Lawyer For Business and Homeowner Insurance Hurricane Claims

Hurricane Florence insurance claims are the headache that starts after Florence damages your business or home. There is nothing easy about having your property destroyed—either emotionally or financially. It is going to hurt. I and a number of Merlin Law Group lawyers have been doing this work full time for as long as anybody in … Continue Reading

Condominium Association Sues Carrier for Damages Sustained During Hurricane Joaquin

Riggings Homeowners, Inc. (“Riggings”), has filed suit against Hartford Insurance Company of the Midwest (“Hartford”) for damages sustained to Building 1 of the condominium association during Hurricane Joaquin. In a 10-count complaint filed in the U.S. District Court for the Eastern District of North Carolina,1 Riggings alleges that Hartford “has a pattern and practice of … Continue Reading

Assistance for North Carolina Individuals and Businesses affected by Hurricane Matthew

In the wake of Hurricane Matthews, President Obama declared a “major disaster” for North Carolina. As such, on October 10, 2016, FEMA announced that federal disaster assistance is available to residents of the State of North Carolina to supplement recovery efforts in the areas affected by Hurricane Matthew. Specifically, funding will be available to affected … Continue Reading

Carolina Coverage: Help! My Insurance Company Wants to Drop Me

All too often, policyholders contact us when their residential or commercial carriers send a notice that they will no longer provide insurance coverage. It is critically important that all insureds understand the major difference between an insurance company canceling a current policy and a notice of non-renewal. Every policyholder should carefully study any written notifications … Continue Reading

Arthur Kicks Off Atlantic Hurricane Season

As the 2014 Atlantic hurricane season has begun with the first tropical storm officially named Arthur, Nicole Vinson reminds policyholders to verify their insurance coverage.  Arthur is moving in a northwest direction up the Atlantic coast with a position for landfall on the coast of North Carolina.  Nicole Vinson is a licensed attorney in both … Continue Reading

Insurance Broker Negligence in North Carolina – Part 1

I previously wrote a series of blogs concerning broker negligence in New Jersey. I thought I would extend that series now into North Carolina. Under North Carolina law, “[n]egligence is the failure to exercise proper care in the performance of a legal duty which the defendant owed the plaintiff under the circumstances surrounding them.”1 North … Continue Reading

Carolina Coverage: Understanding Appraisal of a Property Damage claim in Tar Heel State, Part I

In North Carolina, does a private meeting with one appraiser constitute fraud? It is not uncommon for an insurance policy to have an appraisal provision. Keep in mind, the wording differs from policy to policy and the actual guidelines of an appraisal will be dictated by the appraisal provision with a policy, but, historically, an … Continue Reading

Examination Under Oath Requests Matter in North Carolina

A policyholder who is asked to submit to an examination under oath (EUO) usually does not know exactly what an examination under oath entails. The lack of rules that govern examinations under oath, coupled with an insured’s unfamiliarity with the process, allows insurance lawyers to turn an information gathering session into a heated interrogation. This … Continue Reading

What Constitutes a Total Loss in North Carolina?

Nicole Vinson, my colleague in our Tampa office, has been working on some interesting cases in North Carolina. In continuing with the series on total loss standards, I noticed that the state of North Carolina has yet to be addressed. So this week we turn our attention to North Carolina.… Continue Reading
LexBlog