Articles

Automobile Insurance Law

In any examination of a coverage issue involving automobile insurance, the hierarchy of examination would begin with applicable federal or state statutes followed by a review of applicable federal or state regulations, and finally resort to rules of construction applicable to insurance contracts, to be applied to the specific language of the insurance policy or policies in question. This article explores the process of filing a car insurance claim.

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Insurance Bad Faith Claims

Insurance contemplates the shifting of risk from an insured to an insurer. There are many statutes, regulations and appellate decisions applicable to insurance contracts which regulate their form, construction and application. Thus, it is important to identify whether a particular contractual arrangement constitutes an insurance agreement. Of course, one fairly certain way to establish this is if the drafters of the document have anywhere referred to it as an insurance agreement or provided that it insures someone or something. In other cases, it is not so clear cut.

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Theodore B. Smyth

Raleigh, North Carolina
Phone: (919) 782-2000
Fax: (919) 782-0200
Email

Areas of practice

Insurance claims litigation
Personal injury litigation

Litigation percentage

100% of practice devoted to litigation

Bar admissions

North Carolina, 1981
U.S. District Court for the Eastern District of North Carolina
U.S. District Court for the Middle District of North Carolina
U.S. District Court for the Western District of North Carolina
U.S. Court of Appeals 4th Circuit

Education

Wake Forest University School of Law, Winston Salem, North Carolina, 1981, J.D.
- Law Review: Wake Forest Law Review, 1979 - 1981
Colby College, 1978, B.A. (History and American Studies)

Published works

Article, Where's the Money? Insurance Coverage Issues in Business Litigation, Trial Briefs (North Carolina Academy of Trial Lawyers)
Article, Humor and the Practice of Law, Wake County Bar Association Newsletter, July 2005
Article, A Brief Survey of the Law of Other Insurance Clauses, The Defender, October, 1993
Article, A Brief Analysis of the Interaction Between Workers' Compensation Subrogation and the UM/UIM for Workers' Compensation Benefits, The Defender
Book Review, North Carolina Automobile Insurance Law, North Carolina State Bar, Quarterly, 1989

Classes/seminars taught

Speaker, Automobile Insurance Law, Wake Forest University School of Law, Continuing Legal Education, Raleigh, North Carolina, November 10, 2006
Speaker, North Carolina Bad Faith Insurance Claims, North Carolina Academy of Trial Lawyers, Raleigh, North Carolina, November 3, 2006
Speaker, Automobile Insurance Law, Wake Forest University School of Law Seminar given at Raleigh, North Carolina, November 10, 2005
Speaker, Auto Insurance Made Simple, North Carolina Academy of Trial Lawyers, Greensboro, North Carolina, October 28, 2005
Speaker, Insurance Bad Faith Claims, Lorman Education Systems, Charlotte, North Carolina, March 30, 2005
Speaker, Topics on UM/UIM Law and an Insurable Interest, North Carolina Insurance Guaranty Association, Raleigh, North Carolina, January 23, 2004
Course Planner and Speaker, Insurance Bad Faith Claims, North Carolina Bar Association, Cary, North Carolina, November 14, 2003
Speaker, Insurance Bad Faith Claims, Lorman Education Services, Raleigh, North Carolina, June 27, 2003
Speaker, Insurance Law Seminar, Lorman Education Services, Raleigh, North Carolina, May 9, 2003
Speaker, Life and Related Coverage Issues, Wake Forest University School of Law, Seminar given in Raleigh, North Carolina, March 7, 2003
Speaker, A Primer on Insurance Law, General Insurance Law, the Insuring Agreement and How to Read an Insurance Policy, North Carolina Bar Association, Greensboro, North Carolina, February 14, 2003
Speaker, Insurance Law Class, Campbell University Law School, Buies Creek, North Carolina, November 14, 2002
Speaker, Uninsured and Underinsured Motorist Coverage Issues, North Carolina Academy of Trial Lawyers, Cary, North Carolina, November 1, 2002
Speaker, Insurance Bad Faith Claims, Lorman Education Services, Raleigh, North Carolina, June 28, 2002
Speaker, Uninsured and Underinsured Motorist Law, National Business Institute, Raleigh, North Carolina, May 9, 2002

Honors and awards

Professional associations and memberships

Wake County Bar Association
- Member, Professionalism Committee (1981-present)
Tenth Judicial District Bar Association
North Carolina Bar Association (1981-present)
North Carolina State Bar Association (1981-present)
American Bar Association, Tort and Insurance Practice Section
American Board of Trial Advocates
North Carolina Association of Defense Attorneys (1984-2000)

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