Attorney John R. Fonda's Legal Cases

Insurance

D.A.N. Joint Ventures of NC v. N.C. Grange Mutual Ins. Co., 2019 N.C. App. Lexis 42

Jan 15, 2019

OUTCOME: Court of Appeals dismissed appeal as untimely as D.A.N. Joint Ventures did not file appeal within 30 days of date of actual knowledge of judge's decision. Petition for Discretionary Review pending.

N.C. Grange insured farm damaged by hurricane and paid loss to farm owner. DAN Joint Ventures was assignee of mortgagee, Wachovia. DAN Joint Ventures bought notes and obtained assignment of deeds of ... trust from Wachovia but failed to follow up on letters to farm asking that it be listed as loss payee on policy. Yeas later, after Wachovia was purchased by Wells Fargo, checks issued by NC Grange to farm and Wachovia were initially endorsed by Wachovia to farm. NC Grange was later advised Wachovia had no lien and Wachovia was removed from policy. Additional claim checks were paid directly to farm. D.A. N. Joint Ventures sued for policy benefis as loss payee. Trial Court granted summary judgment for N.C. Grange.

Insurance

Guessford v. Pennsylvania National Mut. Ins. Co. 983 F.Supp. 2d. 652

Oct 18, 2013

OUTCOME: Plaintiff's Motions and Defendant's motions granted in part and denied in part.

Guessford, while in course of employment, was injured in accident caused by Corriher. Penn National issued UM/UIM policy to his employer. He sustained injuries and damages in excess of Corriher's cove ... rage. Initial production of medical bills exceeded $457,000. Later production indicated medical expenses exceeded $590,000 and then exceeded $727,000. Plaintiff resisted production of all medical bills and records until formal discovery, saying Penn National had enought to evaulate the case. Plaintiff demanded arbitration. Penn National offered $525,000. Arbitration panel awarded $2,500,000. Penn National then paid $900,000, its UIM policy limit less, Corriher's liability coverage. Plaintiff sued for Breach of Contract, Unfair Trade Practices and Failure to Settle in Good faith. Both parties moved for summary judgment under Rule 56 regarding Unfair and Deceptive Trade Practice (UDTP) issues. Court ruled Defendant's failure to explain its offer violated UDTP Act but Plaintiff must prove damages proximately caused. Court ruled Plaintiff could not use $900,000 paid by Defendant as element of damges for trebled damages. Questions of fact precluded summary judgment on other issues.

Insurance

Guessford v. Pennsylvania National Mut. Ins. Co. 918 F.Supp. 2d. 453

Jan 16, 2013

OUTCOME: Court granted Defendant's motion for judgment on pleadings as to Breach of Contract, but denied motion as to Unfair Trade Practice Claims and Failure to Settle in Good Faith claim.

Guessford, while in course of employment, was injured in accident caused by Corriher. Penn National issued UM/UIM policy to his employer. He sustained injuries and damages in excess of Corriher's cove ... rage. Initial production of medical bills exceeded $457,000. Later production indicated medical expenses exceeded $590,000 and then exceeded $727,000. Plaintiff resisted production of all medical bills and records until formal discovery, saying Penn National had enought to evaulate the case. Plaintiff demanded arbitration. Penn National offered $525,000. Arbitration panel awarded $2,500,000. Penn National then paid $900,000, its UIM policy limit less, Corriher's liability coverage. Plaintiff sued for Breach of Contract, Unfair Trade Practices and Failure to Settle in Good faith.

Insurance

Harleysville Mut. Ins. v. St. Paul Fire and Marine Ins. Co. 357 N.C. 250, 582 S.E.2d 269

Jun 12, 2003

OUTCOME: Supreme Court denied petition for discretionary review.

Court of Appeals held St. Paul policy issued to lessor of vehicle was required to insure lessees and permittee drivers and policy did not exclude coverage for lessee's mechanic, thus St. Paul was liabl ... e to pay pro rata share of minimum limits coverage to Harleysville that settled claim of person injured during test drive. St. Paul had no duty to defend and its umbrella policy provided no coverage.

Insurance

Harleysville Mut. Ins. v. St. Paul Fire and Marine Inc. Co., 578 S.E.202

Apr 15, 2003

OUTCOME: Decision of trial court affirmed in part and reversed in part.

Employee of Briggs Automotive was test driving car leased by Nationwide from Wheels Inc. St. Paul insured Wheels Inc. Harleysville insured Briggs. Harleysville sued St. Paul for share of cost of defe ... nding and cost of settlment of person injured during test drive. Trial court granted summary judgment to St. Paul. Court of Appeals held St. Paul's policy did not exclude coverage to Briggs employee for share of minimum limits, but affirmed decision that St. Paul had no duty to defend and St. Paul's umbrella policy provided no coverage.

Litigation

Winters v. Lee, 338 NC. 671, 453 S.E.2d 186, (1994)

Dec 29, 1994

OUTCOME: Supreme Court denies petition for discretionary review

Plaintiff sued Defendant/owner of car used by defendant's son who drove to Plaintiff's residence and assaulted her. Trial Court dismissed claim for failure to state a claim upon which relief could be ... granted. Assailant's assault was not foreseeable to Defendant who owed no duty to Plaintiff. Court of Appeals affirms

Litigation

Winters v. Lee, 115 NC. App. 671, 446 S.E.2d 123 (1994)

Aug 02, 1994

OUTCOME: Court of Appeals affirmed trial court.

Plaintiff alleged defendant/owner of car neglilgently permitted her son to use car to drive to Plaintiff's residence where she was assaulted with a knife. Trial court granted summary judgment for Defe ... ndant. Son's assault was not foreseeable to Defendant and vehicle was not used in the assault. Defendant owed no duty to Plaintiff. Trial court dismissed case for failure to state a claim upon which relief could be granted.

John R. Fonda's Legal Cases (7)

D.A.N. Joint Ventures of NC v. N.C. Grange Mutual Ins. Co., 2019 N.C. App. Lexis 42

Guessford v. Pennsylvania National Mut. Ins. Co. 983 F.Supp. 2d. 652

Guessford v. Pennsylvania National Mut. Ins. Co. 918 F.Supp. 2d. 453

Harleysville Mut. Ins. v. St. Paul Fire and Marine Ins. Co. 357 N.C. 250, 582 S.E.2d 269

Harleysville Mut. Ins. v. St. Paul Fire and Marine Inc. Co., 578 S.E.202

Winters v. Lee, 338 NC. 671, 453 S.E.2d 186, (1994)

Winters v. Lee, 115 NC. App. 671, 446 S.E.2d 123 (1994)