Today’s post examines a recent decision from the Middle District of North Carolina on the intersection of section 75-1.1 claims and insurance law. As explained in more detail below, Martin v. Nautilus Insurance Co. illustrates how courts approach section 75-1.1 claims made in the context of insurance and offers lessons […]
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 […]
Imagine yourself combing the aisles of the local Trader Joe’s with your brood in tow. You are minding your own beeswax when, above the drone of swarming shoppers, you hear a buzz about a new product: “100% New Zealand Manuka Honey.” As you grab a jar off the shelf, what […]
