Topic > Heath V. Swift Wings Case Study - 771
He had a pending claim with four separate loss insurance companies and submitted proof of loss to these companies. His requests were denied, so he hired two lawyers to represent him. Carter and Topping, acting on his behalf, filed four separate actions with the State of North Carolina Insurance Commissioner. These actions were instituted by registered mail, as was the local custom. The insurance companies filed each motion to dismiss, arguing that the Commissioner acted without authority in granting the motions submitted by mail. The statute required that the subpoena be served by personal delivery and did not authorize service by
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