In addition, the Baileys have not alleged any unfair or deceptive business practice committed by the underwriters, the panel held.
“As with the common-law covenant of good faith claim, here, appellants are attempting to squeeze allegations that appellee was mistaken about and reasonably disagreed regarding the scope of coverage into a claim that appellee committed a deceptive trade practice,” the judges said.
4th Circuit NC Homeowners Coverage Suit : Representation and Judges
Representatives of the parties did not immediately respond to requests for comment Friday.
U.S. Circuit Judges Stephanie D. Thacker, DeAndrea Gist Benjamin, and Nicole G. Berner sat on the appeals panel.
The Baileys are represented by Wesley A. Collins of Harvell & Collins PA. The underwriters are represented by Kevin M. O’Brien, Anna Pulliam Cathcart, and Machaella Reisman of Phelps Dunbar LLP.
