North Carolina Business Litigation Report

Pitts v. American Security Ins. Co., 2000 NCBC 1 (N.C. Super. Ct. Feb. 2, 2000)(Tennille), rev'd in part, vacated in part, 144 N.C. App. 1, 550 S.E.2d 179 (2001), aff'd per curiam, 356 N.C. 292, 569 S.E.2d 647 (2002)

The Court denied a motion for certification of a class of persons who had been extended credit by a national bank for the purpose of purchasing "force-place" insurance, because there were individual issues which made class certification inappropriate, including the need for each class member to prove reliance.

The Court also found that the plaintiff was not an adequate class representative because there were potentially counterclaims against her, and also because she had been solicited to be a plaintiff. The Court found that some of plaintiff's claims were barred by the statute of limitations, and rejected an argument of equitable tolling.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

1600 Wachovia Capitol Center
150 Fayetteville Street
Raleigh, NC 27601