Legal Question in Civil Litigation in North Carolina

Dear Sir: I am filing a civil action against a insurance company for , breach of contract, "not paying claim". Due I file in federal court under , diversity because their home office is , out of state? Or do I file in superior court in the county in which I reside being that the local claim office that turned down my claim is local? Thank you Jerry


Asked on 6/15/11, 2:28 pm

1 Answer from Attorneys

Jerry,

Please don't do this yourself. If you have a case, then there are tons of attorneys who will sue insurers all day long. Many even give free case evaluations. Find one in your area. If you are stuck, try www.hemmingsandstevens.com .

Most insurers are licensed to do business in NC even though they are located outside of NC. If that is the case, you can sue them here in the county where you reside.

You can sue in federal court. Its more expensive. Your damages must be over $75,000 AND the insurance company has to be located out of state. If the action is in federal court, then you would file wherever the closest federal courthouse is that would cover your county. There is one in Winston-Salem. If your damages are less than $75,000 then you can only file in state court. If the damages are over $10,000 then file in superior court; if less than $10,000 then file in district court.

Bottom line - sue in NC in Winston Salem, Forsyth County. If the damages are over $75,000, then go to federal court; if over $10,000 but less than $75,000 to superior court or less than $10,000 then district court.

All suits are governed by an interpretation of the insurance policy. What does the policy say if you and the insurer disagree over a claim? Have you exhausted any remedies under the policy?

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Answered on 6/16/11, 5:45 pm


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