Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices. There is no private right of action under these parts of chapter 58 themselves. Even so, a number of court decisions hold that the acts barred by […]
N.C. Gen. Stat. § 75-1.1 prohibits several different clusters of conduct. Thus, whether you’re bringing a 75-1.1 claim or defending against one, it’s crucial to identify, at the outset, what kind of 75-1.1 claim you’re dealing with. You may ask yourself, why do these categories matter? (Apologies to David Byrne.) […]
You never know what you’ll find by Googling. In my research for this blog, I recently found a June 2006 presentation on section 75-1.1 by Judges Al Diaz and John Jolly. This presentation occurred when Judge Diaz and Judge Jolly were serving together on the North Carolina Business Court—that is, before Judge […]
Last fall, the North Carolina Supreme Court issued a major decision, Bumpers v. Community Bank of Northern Virginia, 747 S.E.2d 220 (N.C. 2013), that helps to define the elements of a claim under section 75-1.1. The court held that when a section 75-1.1 claim is based on an alleged misrepresentation, the […]
