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Category: Per Se Violations

May 1, 2023 James M. Weiss
Posted in  Per Se Violations

Phishing Scheme and Identity Theft: Not Kentucky Derby Horses, but Perhaps Per Se Violations of North Carolina’s Unfair and Deceptive Trade Practices Act

While this blog generally discusses cases decided in North Carolina, we occasionally venture out of state to see how judges in other parts of the country interpret our statutes, particularly section 75-1.1. Today is one of those trips, so put on your jaunty suits and fancy hats, fix yourself a […]

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November 8, 2022 Thomas H. Segars
Posted in  Direct Unfairness Per Se Violations

If It Weren’t for Bad Luck . . . Another Lesson on the Intersection of Section 75-1.1 and Insurance Law

Today’s post examines a recent decision from the Middle District of North Carolina on the intersection of section 75-1.1 claims and insurance law.  As explained in more detail below, Martin v. Nautilus Insurance Co. illustrates how courts approach section 75-1.1 claims made in the context of insurance and offers lessons […]

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August 10, 2022 James M. Weiss
Posted in  75-1.1 Exemptions Per Se Violations

Proximate Cause Is Required on a Per Se Claim for Unfair or Deceptive Trade Practices: Taking a Flyer on a Philadelphia Policy

We have written previously about the interplay between our insurance laws and section 75-1.1, including the requirement that a plaintiff must show actual and reasonable reliance when its claim rests on misrepresentations.  We also visited (carefully) with the Broad Street Bullies in an earlier decision that looked at the relationship […]

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