North Carolina Court of Appeals. Couretsy photoInsurer Not Required to Cover $29M Wrongful Death Judgment, Appeals Court Rules
The judge had awarded $9.6 million as compensatory damages, and then trebled the total to more than $29 million against Penn National.
December 26, 2024 at 04:39 PM
4 minute read
A state appellate court handed a win to a major insurance carrier seeking to overturn a $29 million judgment against it over claims that it breached its duty to defend and settle a client's wrongful death lawsuit.
The North Carolina Court of Appeals issued an opinion Dec. 17 finding that Penn National Security Insurance Co. did not have a duty to defend its client, Kitchen and Lighting Designs Inc., for wrongful death claims against its employee Luis Ortez. The court's 2-1 decision reversed a trial court's grant of a motion for judgment on the pleadings by Ortez, who argued Penn National's alleged misconduct resulted in $9.5 million awarded against him in the wrongful death case.
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