Last
week, the U.S. Judicial Panel on Multidistrict Litigation agreed to at least
one mini-MDL, consolidating the business interruption lawsuits filed against
Society Insurance Co. At the same time,
it decided against consolidation of cases against several other insurers,
saying it would be inefficient.
In
August the MDL panel ruled against centralizing all COVID-19 business…
Last Wednesday, the Supreme Court released its December arguments calendar. Included on the calendar was CIC Services v. IRS, a case we first blogged about in 2016. Since then, our firm has been involved as counsel for an amicus party, the district court dismissed the case, the Sixth Circuit affirmed in a 2-1…
Last week the Eleventh
Circuit shocked the legal world by ruling that incentive payments to named
representatives in class actions are improper, striking a $6,000 award to the
plaintiff in a Telephone Consumer Protection Act class action . Johnson v. NPAS Solutions, LLC, No. 18-12344, “Slip Op.” (11th Cir. 2020).
Incentive awards are…
The team of Womble Carlyle attorneys who contribute to this blog have curated a number of the blog posts, in addition to other content, into an e-book titled The North Carolina Insurance Desk Reference. You can access it here.
Two months ago, without any prior warning or public notice, the IRS issued Notice2016-66 which defined a number of common captive insurance transactions as
“transactions of interest.” The Notice
is limited to captive insurers organized under 831(b). The IRS states that these “transactions of
interest” have the “potential for tax avoidance or evasion.” It places…
Expansion of
Coverage: North Carolina Crime Coverage Part: Embezzlement
Is
the Owner-Manager of your Vendor your “Employee?”
On November 14, 2014, the Eastern
District of North Carolina entered summary judgment in favor of an insured
seeking coverage for embezzlement for actions by owners of a vendor. Colony Tire Corp. v. Fed. Ins. Co., No.…
As
we have previously reported, the North Carolina
Industrial Commission was tasked to investigate a prescription formulary for
North Carolina State workers. The
results of the investigation were published earlier this year. The Commission considered the potential
savings, benefits, and implementation procedures of a drug formulary, not just for State workers, but for the…
In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and insurance brokers in the Carolinas. Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th…
With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses,
property owners, and insurers to focus on quantifying the amount of damage
caused by the storm. By some estimates,
Hurricane Matthew will generation over 100,000 insurance claims and between $4 billion and $7.5
billion in property losses. Although the
focus is typically on…
Businesses in Charlotte, North Carolina will most likely be covered by property insurance for damage caused by protesters. Additionally, some may be able to recover lost business income.
Over the last two evenings, Charlotte has been the site of protests as a result of the police shooting of Keith Lamont Scott, a 43 year old…
