Contract Interpretation Cases
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Contract Interpretation

Court of Appeals of North Carolina
Uncategorized

MESA Underwriters — Completed-operations exclusion defeats defense and indemnity duties

Applying North Carolina’s comparison test, the Court of Appeals compared the complaint’s allegations with the policy language and held that the completed-operations exclusion independently barred coverage. The duty-to-defend inquiry ordinarily looks to facts actually alleged, not an insured’s competing version of events outside the pleadings. Because the exclusion eliminated the broader duty to defend, the narrower d

Court of Appeals of North Carolina
Uncategorized

Limage — Rule 11 sanctions upheld for materially misleading contract quotation

The Court of Appeals held that Rule 11 expressly permits a trial court to act on its own initiative and that courts also possess inherent authority to protect the integrity of proceedings. Reviewing the sanction decision de novo, the panel agreed that the complaint misrepresented the contract and that the discrepancy was material to the requested relief. The show-cause process supplied notice and an opportunity to re

Court of Appeals of North Carolina
Uncategorized

Jordan — Premarital agreement survives voluntariness and disclosure challenge

The Court of Appeals affirmed because the trial court’s findings supported its legal conclusions under North Carolina’s Uniform Premarital Agreement Act. The record supported voluntary execution, and a party’s failure to read or understand an agreement does not by itself avoid a signed contract absent fraud or another recognized defense. The written agreement also stated that each party had separate counsel or an opp

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