Personal Injury & Tort – Case Law Wire

North Carolina Banking & Finance Estate Law Personal Injury & Tort

Court of Appeals of North Carolina

Underwood — Constructive-fraud verdict upheld over withdrawals from vulnerable friend’s joint accounts

/ August 7, 2026

The Court of Appeals held that the Estate presented sufficient evidence of a confidential or fiduciary relationship and the resulting benefit needed for constructive fraud. O’Neil’s vulnerability, Lynch’s assistance and influence, and the scale and use of the withdrawals allowed a reasonable jury to find the required relationship and abuse. The court therefore left the jury’s verdict intact rather than reweighing com

North Carolina Civil Procedure Employment Personal Injury & Tort

Court of Appeals of North Carolina

Uncategorized

Saunders — Workers’ compensation lien order vacated because settlement was not yet unconditional

/ August 7, 2026

In a per curiam opinion, the Court of Appeals followed binding precedent and held that the trial court lacked authority to distribute or eliminate the lien on the record presented. Arguments of counsel were not evidence of an unconditional agreement, and a condition precedent remained disputed. The panel vacated and remanded, explaining that the trial court may act under N.C. Gen. Stat. § 97-10.2(j) if evidence later

North Carolina Contract Interpretation Insurance Coverage Personal Injury & Tort

Court of Appeals of North Carolina

Uncategorized

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

/ August 7, 2026

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