May 18, 2018

Much has been written and opined about regarding the motivations of parties to lawsuits to press litigation or else to mediate a dispute.  After all, understanding these motivations is a key puzzle piece in mediating and settling a dispute.  However, when an insurance company is providing a defense for a party to the lawsuit, the motivations and policies of that carrier are suddenly very different, as they become a prime decisions maker in the dispute.

At Asheville Legal, we most often see insurance carriers paying the defense lawyers for defendant builders in construction defect lawsuits.  This is because commercial general liability policies typically require the carriers to provide such a defense if and when they are sued for neglige...

May 16, 2018

If you’re facing resistance from your insurance carrier on a property claim in North Carolina, you probably have a number of questions, including: How long is this going to take?  The answer will, of course, vary by case, but it could end up taking a long time, and it could be surprisingly costly.

The vast majority of real property insurance policies in North Carolina contain a provision for what is called “appraisal”.  An appraisal can be invoked when you and the insurer disagree regarding the value of a loss.  Note, however, that a disagreement over the value of a loss is not the same as determining whether or not a given loss is covered under the policy.

When appraisal is invoked, the insurer and insured each select an appraiser, and...

May 14, 2018

 As I’ve stated in other posts on this site, understanding what motivates another party to settle or litigate a dispute is an essential key to achieving an optimal outcome through settlement, as well as in assessing litigation as a viable strategy.  Generally, there are certain important things you must consider in attempting

First–and this is just the first step–you must have a solid gauge of how strong your case is.  If you’re a plaintiff, you must have a good and accurate grasp of your liability arguments and the extent of your damages.  If you’re a defendant, you need to know how likely it is the plaintiff will win, and the extent of risk if they do.

Second, you must ask who your opponent is.  Are they a large company?  An insur...

May 11, 2018

We are pleased to announce that Asheville Legal recently achieved a $214,000 award against a residential construction contractor for deceptive billings.  The award was entered by an arbitrator on May 9, 2018 in favor of homeowners Stan and Marta Wakefield and against contractor David Iezzi of Jackson County.

The bulk of the damages came from invoices that the contractor submitted for work performed on another construction project he was handling at the time, which the Wakefields paid.  The arbitrator found that the contractor intentionally fabricated at least two invoices for work on the Wakefields’ home.  The damages for this deception were trebled by the arbitrator under North Carolina’s Deceptive Practices Act.

After learning of the a...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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