Bryant v. Nationwide Mutual Fire Insurance

WELLS, Judge.

In their first assignment of error, plaintiffs contend that the trial court erred in denying their pre-trial motion to amend their complaint. Plaintiffs sought to allege a claim under N.C. Gen. Stat. § 75-1.1 (1981), North Carolina’s unfair trade practice act, on the grounds that defendant forged a portion of plaintiffs’ insurance application, then tried to deny coverage under the policy because of misrepresentations in the application. The trial court denied plaintiffs’ motion to amend after defendant agreed to withdraw the portion of its defense based on misrepresentations in…