North Carolina Litigation Update: No Bad Faith in Litigating UIM Claim
Elliott v. American States Insurance Company
The Fourth Circuit has ruled that UIM carriers are not obligated to make settlement offers or settle claims with their insureds before a judgment is entered against the at-fault party. Furthermore, a UIM insurer who decides to not make a settlement offer before the judgment is entered does not commit a per se violation of North Carolina’s Unfair and Deceptive Trade Practices Statute. (more…)
Read OnDaniel Fox Joins MGC’s Ashville Office
Mason Montgomery Joins MGC’s Oxford Office
Tennessee Litigation Update: Spoliation in Tennessee
Tennessee Litigation Update: Tennessee and the Sealed Container Doctrine
A Plaintiff may sue both a manufacturer and a seller of a product alleged to have caused Plaintiff’s injury. Tenn. Code Ann. § 29-28-103(a). The accrual of a products liability action occurs when the Plaintiff is aware of an injury, and when, by utilizing reasonable care, Plaintiff discovers the manufacturer of the product and identifies the particular product. See, e.g., Pivnick, Lawrence A., Tennessee Circuit Court Practice sec. 1.2, p. 28 (2011-2012 ed.), citing, e.g., Craig v. R.R. Street & Co., Inc., 794 S.W.2d 351 (Tenn. Ct. App., 1990). (more…)
Read OnHappy Holidays from MGC!
Happy holidays from all of us at MGC!
Read On