North Carolina’s insurance laws include an entire article on “Unfair Trade Practices.” One section in that article defines what conduct in the insurance world counts as unfair or deceptive. And—stay with me here—one subsection within that section is entitled, “Unfair Claim Settlement Practices.” That subsection is N.C. Gen. Stat. § 58-63-15(11). […]
Category: Damages
Food and drink are staples of the caselaw on unfair and deceptive trade practices. Roasted soybeans. Hot dogs. Poultry. Beef. Bourbon. Today, wine. In particular, a business called Wine & Design. It caters to those who desire to sip a traditional Gamay while living out their Andrew Wyeth-inspired dreams. The […]
North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s conduct violates section 75-1.1, may the court treble the value of the rescission? The court answered […]
Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court. Do treble damages under section 75-1.1 count toward these required amounts? Probably so. However, to answer the […]