Legal Opinion

PHC, Inc. v. North Carolina Farm Bureau Mutual Insurance

Court of Appeals of North Carolina

Decided June 16, 1998No. COA97-1118PublishedCited by 4 opinions

1Opinion of the Court

HORTON, Judge.

Defendant North Carolina Farm Bureau Insurance Company (“Insurance Company”) contends the trial court erred in (I) awarding attorneys’ fees to plaintiff, PHC, Inc., and (II) awarding prejudgment interest on the umpire’s award.

I

N.C. Gen. Stat. § 6-21.1 (1997) permits the trial court, in its discretion, to allow reasonable attorneys’ fees to a litigant who (1) obtains a judgment for recovery of damages; (2) in the amount of $10,000 or less; (3) against an insurance company; (4) in a property damage suit; (5) where the insured is the plaintiff; (6) upon a finding by the court that…

2Cases cited5 opinions

  1. Hicks v. AlbertsonSupreme Court of North Carolina · 1973
  2. Nucor Corp. v. General Bearing Corp.Supreme Court of North Carolina · 1992
  3. Hillman v. United States Liability InsuranceCourt of Appeals of North Carolina · 1982
  4. Boger v. GattonCourt of Appeals of North Carolina · 1996
  5. Lucas v. City of CharlotteCourt of Appeals of North Carolina · 1996

3Cited by4 opinions

  1. Harleysville Mutual Insurance v. NarronCourt of Appeals of North Carolina · 2002
  2. Phillips v. BrackettCourt of Appeals of North Carolina · 2003
  3. Stuckman v. Westfield Ins. Co.Ohio Court of Appeals · 2011
  4. First Protective Insurance Company v. RikeDistrict Court, E.D. North Carolina · 2023

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