Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with AccuWeather currently estimating losses between $145 and $160 billion. Earlier this week, we issued an alert with general tips policyholders should consider when pursuing insurance claims for hurricane-related losses. As damage reports continue to come in from portions of western North Carolina that have been cut off from regular communications, we are updating our guidance for North Carolina policyholders.Continue Reading Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene
Alec Covington
Alec has broad experience in complex litigation, with emphasis on financial services litigation and regulation, insurance coverage, and business torts. He has also handled disputes at the trial and/or appellate level involving mergers and acquisitions, trade secret disputes, shareholder derivative and class action suits, as well as construction litigation. He currently manages a series of lending disputes and regulatory matters for multiple lenders, including large and midsize businesses. His clients span a wide variety of industries and have included Fortune 100 companies, small and midsize businesses, individuals, and nonprofit institutions.
North Carolina Business Court Holds that Defense Costs Are Presumed Reasonable When Insurers Breach the Duty to Defend
Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer’s ability to apply hindsight analysis when belatedly reviewing the insured’s defense invoices for reimbursement.Continue Reading North Carolina Business Court Holds that Defense Costs Are Presumed Reasonable When Insurers Breach the Duty to Defend
North Carolina Supreme Court Provides Guidance to Policyholders Attempting to Maximize Insurance Coverage for Long-Tail Claims
When seeking insurance coverage for “long-tail” mass tort and environmental claims that involve alleged exposures and injuries spanning multiple years, businesses often look to their occurrence-based commercial general liability (“CGL”) policies. These policies are designed to provide broad coverage for defense costs, settlements, and potentially adverse judgements. However, CGL policies generally cover “occurrences” during one-year policy periods and renew on an annual basis, which can complicate efforts to seek coverage for claims involving alleged injuries or property damage spanning decades. Moreover, for severe claims, businesses may need to obtain access to one or more of their excess CGL policies. Therefore, determining which policies to pursue, whether policies in multiple policy periods will respond, and how to access valuable excess coverage are factors that should always be considered with coverage counsel when facing long-tail exposures. Courts across the country are divided on how these questions should be answered. A recent decision issued by the Supreme Court of North Carolina in Radiator Specialty Co. v. Arrowood Indemnity Co., provides guidance to North Carolina policyholders attempting to maximize coverage for long-tail claims.Continue Reading North Carolina Supreme Court Provides Guidance to Policyholders Attempting to Maximize Insurance Coverage for Long-Tail Claims