Manning Fulton has the knowledge and experience to defend the business interests of companies across the full spectrum of the insurance industry.
We assist insurance carriers with their day to day business, regulatory and litigation concerns, including:
- Counseling insurance carriers on coverage issues
- Litigation coverage issues in federal and state courts
- Handling lawsuits alleging bad faith handling of claims and other grounds for extra-contractual liability
- Handling interpleader actions and litigation relating to rate-making
- Representing of carriers and industry groups in dealings with the North Carolina legislature and state administrative agencies
- Helping protect the interests of insureds.
Insurance Litigation We have particular expertise representing insurance brokers, agents, third party administrators and adjusters in hundreds of disputes and lawsuits alleging:
- Professional negligence
- Breach of contract
- Unfair trade practice
- ERISA violations
- Breach of fiduciary duty
- Fraud
- Failure to procure insurance
- Misrepresentation or incorrect advice
- Unauthorized binding of coverage
- Improper conduct relating to premium finance loans
- Mishandling of claims
Insurance carriers regularly retain us to defend their clients in federal and state court lawsuits alleging professional errors and omissions and other types of claims.
Examples of lawsuits that we have handled include:
- Representation of a major statewide insurance services firm in federal litigation alleging that it had mishandled the acquisition of National Flood Insurance Program coverage for a multi-building apartment complex, which resulted in denial of a substantial part of the owner’s claim when the complex flooded in Hurricane Floyd. Under threat of Manning Fulton`s summary judgment briefs demonstrating that the denial of the claim denial arose from a misinterpretation of the policy, the carrier and the Federal Emergency Management Authority (FEMA) abandoned their position and agreed to pay the claim. As a result, the court dismissed all claims against our client.
- Representation of an insurance agent for alleged failure to get insurance for a business property on the North Carolina coast. The North Carolina Supreme Court affirmed judgment in favor of our client.
- Representation of an agent in a federal action for alleged negligence in procuring the wrong insurance for a crane used by a construction company in constructing a bridge across Currituck Sound. The Fourth Circuit court of appeals affirmed judgment in favor of our client.
Manning Fulton lawyers have also represented insurance interests in the North Carolina General Assembly and before the North Carolina Commissioner of insurance for more than 25 years.
This comprehensive representation of insurance companies and agents also enables us to better assist our business and individual clients who have questions or disputes about their insurance.
Insurance is one of the most important tools that any business or family uses to build and protect its future. By understanding all aspects of the insurance industry’s operation, Manning Fulton can defend your vital interests as an insurance provider or insurance consumer.
Insurance Industry Contact Lawyer: Michael T. Medford
