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 [...]
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So far MJohnston has created 5 blog entries.
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 [...]
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 [...]
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 [...]
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 [...]