Earlier this year, we wrote about two cases that considered whether an assignee of insurance proceeds could maintain a section 75-1.1 claim against insurers. The North Carolina Business Court found that such an assignee could maintain the claim in Brakebush Brothers. The Fourth Circuit reached the opposite conclusion in Skyline […]
Rights to insurance proceeds can be—and frequently are—assigned. For example, one business might acquire an insured’s right to insurance proceeds as part of a larger asset acquisition. Or an unpaid contractor who repaired damage to a home after a hurricane might take an assignment of the insured’s rights to collect […]
Lien on Me When Your Claim is Not Strong—That’s an Unfair Trade Practice If you sing the title of this post to the tune of Bill Withers’ 1972 hit “Lean on Me” you get something that might just be clever enough for this blog. What is not clever—and, really, a […]
A claim under N.C. Gen. Stat. § 75-1.1 can sometimes trigger a constitutional challenge. A defendant might argue that an unfairness claim under section 75-1.1 is unconstitutionally vague, or that applying section 75-1.1 extraterritorially violates the Dormant Commerce Clause. Or a defendant might argue that the claim concerns conduct protected by […]