Apr. 9 2018

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…)

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Mar. 20 2018

Mason Montgomery Joins MGC’s Oxford Office

McAngus Goudelock & Courie, a regional insurance defense firm, is pleased to announce the addition of Mason Montgomery to the firm’s Oxford office. Montgomery focuses his practice on general litigation, construction, coverage, premises liability, SIU/arson and fraud and trucking. (more…)

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Feb. 13 2018

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…)

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