Greensboro, NC asked in Workers' Compensation for North Carolina

Q: As a NC business owner currently involved in a work comp claim, can the carrier's defense council legally threaten...

not to settle my current claim if I renew my WC policy w/ them now that it's up for renewal. They no longer want to insure my company. Can't find another carrier because of my open claim. My attorney doesn't seem to know the answer.

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2 Lawyer Answers
David Gantt
David Gantt
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: While I would not be comfortable directly answering your question while you have legal counsel, I will suggest you contact NC Department of Insurance 1-855-408-1212; www.ncdoi.gov for a response to the obvious conflicts of interest here.

Martha Ramsay
Martha Ramsay
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: I do not know the answer to your question, but it certainly raises many questions and concerns. I would start by contacting the North Carolina Department of Insurance (855-408-1212), the North Carolina Attorney General and the North Carolina State Bar. Your questions appear to involve unfair settlement practices and unfair insurance issuance practices. There is possibly a conflict of interest for the defense attorney as most defense attorneys appear on behalf of both the company and the insurance carrier. I encourage you to reach out to another attorney who can give you better direction. There maybe time limits on these claims, so it is good that you are taking prompt action.

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