Insurance Cases To Be Heard By Court Of Appeals

The Homeowners Insurance legal challenges will be continuing again at the NC Court of Appeals in the coming weeks.  Oral arguments have been scheduled at the N.C. Court of Appeals on April 15 at 9:30 am in the homeowners insurance cases brought by the coastal counties.  The cases to be heard by the Court of Appeals are case numbers 09-1171 and case number 09-1172, which were combined in November 2009.  These cases are the continuation of challenges to the Commissioner of Insurance and Wake County Superior Court regarding the massive homeowners insurance increases approved in 2008.  The Trial court’s order dismissed the appellants (Dare County, et el) petition for review for lack of subject matter jurisdiction and lack of standing.  This judgement was made by Wake County Superior Court Judge Ronald Stephens in April 2009.  Click below to read the cope fo the Rate Bureau’s Motion to Strike Appellants Rule 28 (h)(2) Reply Brief and a copy of the response filed last week on behalf of Dare County, et al. by the Law Firm Williams Mullen.

We are still awaiting a decision on the separate case (09-701) that was heard by the Court of Appeals on January 14th.

As always, for a comprehensive review of the homeowners insurance issue, click on the “HOMEOWNERS INSURANCE ” tab in the issue menu to your right on the home page.

Dare response to motion to strike
Rate Bureau Motion to Strike