Insurance Claims in North Carolina
Most people in North Carolina have some sort of insurance. By law, persons operating vehicles are required to have liability coverage. The owners of the cars might also have collision coverage. Most homeowners have homeowner's insurance, and many renters have renter's insurance. Many people also have health coverage, whether provided by their employer or purchased directly by the individual. Businesses often have a general liability policy. These and other policies give rise to numerous claims and numerous insurance disputes every year in North Carolina.
Governmental supervision: Insurers are subject to oversight by the North Carolina Department of Insurance ("DOI"). A consumer (or "inured") can file a complaint against an insurer with the DOI. The DOI is not likely, however, to become heavily involved in a routine dispute between an insured and the insurer. Many statutes (within Chapter 58) regulate the insurance companies, as well as regulations promulgated by the N.C. DOI.
Terms of coverage: The scope of coverage afforded under an insurance policy is determined primarily by the terms of the policy, and also by the applicable North Carolina General Statutes and any regulations by the DOI. When disputes are litigated in the courts, any precedential cases will also affect the interpretation of the policy. Health (and other) policies subject to ERISA may be subject to federal law, which preempts state law.
Duties during claims handling process: Policies typically have provisions that give various rights to the insurer in the claims-handling process. The insured often must submit a "proof of loss" form, in which the loss is described to the insurer. The insured often must produce documents, and must submit to an "examination under oath," at which the insurer's lawyer can ask questions of the insured to investigate the claim. If the insured fails to comply with these provisions, then he can lose coverage. (Duties of the insurer are addressed below, in connection with the insurer's potential liability for bad faith and treble damages.)
Resolution of the claim outside court proceedings: Some aspects of the insurance claim might be subject to arbitration or appraisal (rather than court action). For example, the standard fire insurance policy in North Carolina, governed by statute, provides that the parties can use an appraisal process to value property (N.C. General Statute 58-44-16). A standard underinsured motorist policy in North Carolina contains a provision which allows the insured to demand arbitration.
Resolution of the claim in a court proceeding: Where, however, the insurer and the insured cannot agree on coverage, and the dispute is not subject to arbitration or appraisal, they might have to take their dispute to court. The insured can file a lawsuit for breach of contract, and the insurer can file a suit for declaratory relief. In North Carolina, such suits are often filed in Superior Court in state court. They can also be filed in (or removed to) federal court if diversity jurisdiction is met. (There have, however, been a couple of decisions in our Circuit rejecting such disputes on the abstention doctrine.)
Punitive Damages: In addition to seeking to recover the amount due under the insurance policy, the insured can also pursue a claim for "punitive" damages if the insurer denied the claim in "bad faith." Punitive damages in this state are governed by statute, and also by case law addressing this claim. According to one case, the insurer is not liable for punitive damages if its position is "neither strained nor fanciful." Punitive damages are capped by statute in North Carolina, to the greater of $250,000 or three times the actual damages (whichever is greater).
Treble damages for Unfair Conduct: The policyholder can also assert a claim to recover "treble" (i.e. tripled) damages where the carrier's conduct is unfair or deceptive. Such a claim is often based on the insurer's violation of a provision in the statutes mandating that insurers handle a claim in various ways, including that they conduct a reasonable investigation, promptly investigate the claim, and provide an explanation of the denial to the policyholder. (N.C. Gen. Stat. 58 63 15.)
Coverage disputes in North Carolina can quickly become very complicated, and the policyholder and often the insurer may need the services of an attorney experienced in insurance matters.
Attorney John Kirby has represented many persons insured and many insurance companies in insurance disputes in North Carolina, both in federal and state court, and before the North Carolina Court of Appeals and the North Carolina Supreme Court. He has also taught continuing education seminars, to attorneys and to insurance professionals, on the topics of insurance coverage and litigating bad faith suits against insurers.
Skin Care Moisturizer Cream
The use of skin care moisturizer creams is on the rise. More and more people are trying to find a way to put an end to premature aging, or slow the process of it happening all together. Unfortunately, we are all going to age, and at some point, we will show the signs of aging through wrinkles and other effects on our skin.The good news is, we don't have to let it happen right now or any time soon. There are many skin care moisturizer creams that have proven to reduce dryness and wrinkles in the skin. This makes many people appear to be younger than they really are. Better yet, people that start to use a skin care moisturizer cream at an early age often don't see the affects of premature aging until years after those that don't use skin care moisturizer creams.One of the most important parts of life is to be happy, right? Unfortunately, for some people being happy is hard to do if they are worrying about their appearance. More specifically, if they are worried about the wrinkles and the dryness of the skin on their face, hands, and other parts of their body that are routinely visible.While some people don't see the point in using skin care moisturizer creams to stop premature aging, it is for the most part not only widely accepted, but also recommended by beauticians and even some medical professionals.clear skin, acne facial, body acne, best skin care products, acne clear, japanese skin care, facial products, what causes acne, oily skin, careline, anti wrinkle cream, anti aging skin care, anti aging eye cream, anti aging serum, simple skin care, face moisturizer, skin store, sephora skin care, acne treatments, saggy skin, acne skin, acne cleanser, skincare for dry skin, dry skin cream, basic skin care, products for dry skin, acne skin care products, lotion for dry skin, dermalogica skin care, skin care sets, acne skin care, botanics skin care, aloe vera skin care, collagen skin care, vitamin c skincare, avene skin care, acne cure, best face cream, garnier skin care, exposed skin care, origins skin care, private label cosmetics, korean skin care, collagen cream.
Through the use of skin care moisturizer creams, people are able to delay getting those annoying and unsightly aging wrinkles that often appear on their foreheads, under their eyes, and on other places on their body. By delaying these things, they are able to appear to be younger than they really are, which in turn in many cases gives them a better quality of life, which should be the ultimate goal for everyone.There are a ton of different skin care moisturizer creams on the market, and they all work differently for different people. This is because everyone's skin is different, so the ingredients in the sin care moisturizer cream react in different ways.The best way to "find the winner" is to try out as many different brands as you can. One way to do that is to take advantage of all of the free trial offers that exist. Companies will offer a free trial as a way to get people to try their product, if they like it, they continue to use it which in turn gives the skin cream company a steady and repeat customer. So, take advantage of the offers that are out there, save yourself some cash, and find a skin cream moisturizer cream that works for you.
wrinkles, cosmetics, face mask, skin care, eye cream, skin moisturizer, face moisturizer, anti aging, anti wrinkle, moisturizer, moisturizing, dry skin, sensitive skin, cosmetic brands, facial cleanser, skin care routine, lotion, skin care products, face cream, skin care brands, cleanser, smooth skin, facial treatment, acne cream, peeling skin, men's skin care, beauty products, acne scars, skin beauty, beautiful skin, caring skin, acne scar treatment, skin care tips, moisturizer for dry skin, skin care regimen, best acne treatment, acne treatment, skin repair, best anti aging cream, glowing skin, best eye cream for wrinkles, acne prone skin, acne removal, anti aging cream, eye wrinkles, organic skin care.