Counterclaim Dismissal Denied In Row Over ‘Fraudulent’ Excess Insurance Claims

Mealey's (December 16, 2022, 9:28 AM EST) -- MOCKSVILLE, N.C. — A North Carolina state court judge denied a chicken processing plant owner’s motion to dismiss excess insurers’ recoupment and unjust enrichment counterclaims in a breach of contract, bad faith and deceptive trade practices suit against excess coverage insurers after a fire at the plant, finding that the counterclaims regarding the plant owner’s “fraudulently asserted entitlement to insurance proceeds” to fund improvements outside of fire damage “satisfy the element of falsity.”...