Pulte Home Corp. v. American Southern Insurance

GEER, Judge.

Plaintiff Pulte Home Corporation and defendant TransAmerica Investment, L.L.C. appeal from an order denying their motions for summary judgment against defendant American Southern Insurance Company and granting American Southern’s motion for summary judgment. This appeal is resolved by the principle, well-established in North Carolina, that an insurer who unjustifiably refuses to provide an insured with a defense is liable for the amount and costs of a reasonable settlement entered into by the insured. See Ames v. Cont’l Cas. Co., 79 N.C. App. 530, 538, 340 S.E.2d 479, 485, disc.…