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Just add water—why relating back does not put the insurer on notice of bad faith | Kennedys

Just add water—why relating back does not put the insurer on notice of bad faith | Kennedys
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Civil Practice – Pleadings Amendment – Relation Back – Jury Instructions – Insurance – Yacht Repairs

When Judge Louis Trosch allowed plaintiff to amend its complaint under N.C. R. Civ. P. 15(a) to add claims for bad faith and unfair trade practices, the new claim did not “automatically” relate back to the filing date of the complaint under Rule 15(c). In Rule 15(c), a subordinate clause begins with the word “unless,” .

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