About MJohnston

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So far MJohnston has created 5 blog entries.

Bankruptcy, Doctrine of Judicial Estoppel, & Insurable Interest

In the current economic climate, it seems as though more and more insurance claims and subsequent investigations involve insureds who have previously filed bankruptcy petitions. Oftentimes insurance claim representatives and/or investigators are left trying to interpret bankruptcy petitions, schedules, and financial affair disclosures. Many find themselves trying to determine what impact, if any, the prior [...]

Bankruptcy, Doctrine of Judicial Estoppel, & Insurable Interest 2017-10-16T19:34:36+00:00

Issues in Appraisal

The North Carolina Court System employs alternative dispute resolution methods on a routine basis in an effort to handle a continuing overcrowded court docket.  As such, avenues such as arbitrations and mediated settlement conferences are utilized in virtually every case now filed in our District and Superior Civil Courts.  However, these mechanisms are employed only [...]

Issues in Appraisal 2017-10-16T19:36:50+00:00

North Carolina Tort Reform

The North Carolina General Assembly made significant changes to North Carolina’s tort laws effective October 1, 2011.  These changes affect the admissibility of expert testimony, the amount Plaintiffs may claim for medical expenses, and the right to seek separate trials on issues of  liability and compensatory damages. North Carolina has changed the standards by which [...]

North Carolina Tort Reform 2017-10-16T19:37:37+00:00

Is There Still Immunity With Immunity Letters from Law Enforcement?

On May 1, 2012, the North Carolina Court of Appeals issued its ruling in the case of N.C. Farm Bureau Mutual Insurance Company vs. Cully’s Motorcross Park, Inc.  The holding of the case is concerning for a number of reasons that will certainly impact any disclosures made by an insurer to law enforcement.  The decision [...]

Is There Still Immunity With Immunity Letters from Law Enforcement? 2017-10-16T19:38:12+00:00

Small Monetary Bequests To Minors

The North Carolina Uniform Transfers to Minors Act, G.S. Section 33A-1 et. seq., provides that a personal representative of a deceased’s estate can transfer a bequest to an adult as custodian for th e benefit of a minor child. G.S. Section 33A-6(a) provides that a personal representative may make a transfer to “another adult [...]

Small Monetary Bequests To Minors 2018-06-13T17:56:49+00:00