BEASLEY , Chief Justice . In this case, the Court is asked to consider whether terms of an insurance policy are ambiguous when the policy fails to explicitly provide that labor depreciation will be deducted when calculating the actual cash value (ACV) of the damaged property. Because we conclude that the term "ACV" is not susceptible to more than one meaning and unambiguously includes the depreciation of labor, we affirm the ruling below. Facts and Procedural History Plaintiff is a...
ORDER Upon consideration of the petition filed on the 11th of December 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 14th of August 2019."
The following order has been entered on the Motion for Extension of Time to File Brief filed on the 20th of August 2019 by Defendant: "Motion Allowed by order of the Court in conference, this the 20th of August 2019." Defendant shall have up to and including the 4th day of October 2019 to file and serve his/her brief with this Court.
The following order has been entered on the Motion for Extension of Time to File Brief filed on the 7th of August 2019 by Defendant: "Motion Allowed by order of the Court in conference, this the 8th of August 2019."
The following order has been entered on the Motion for Extension of Time to File Brief filed on the 7th of August 2019 by State of NC: "Motion Allowed by order of the Court in conference, this the 7th of August 2019."
ORDER The following order has been entered on the motion filed on the 28th of November 2018 by State of NC for Temporary Stay: "Motion Dissolved by order of the Court in conference, this the 14th of August 2019." Upon consideration of the petition filed by State of NC on the 28th of November 2018 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in...
ORDER Upon consideration of the petition filed by Plaintiffs on the 16th of July 2019 for rehearing of the decision of this Court pursuant to Rule 31, N.C. Rules of Appellate Procedure, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 14th of August 2019."
The following order has been entered on the motion filed on the 10th of July 2019 by North Carolina Advocates for Justice for leave to file Amicus Curiae Brief: "Motion Allowed by order of the Court in conference, this the 11th of July 2019." Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i).
The following order has been entered on the Motion for Extension of Time to File Brief filed on the 31st of May 2019 by Defendant: "Motion Allowed by order of the Court in conference, this the 3rd of June 2019." Defendant shall have up to and including the 10th day of July 2019 to file and serve his/her brief with this Court.
The following order has been entered on the Motion for Extension of Time to File Brief filed on the 4th of June 2019 by State of NC: "Motion Allowed by order of the Court in conference, this the 5th of June 2019." State of NC shall have up to and including the 10th day of July 2019 to file and serve his/her brief with this Court.
ORDER Upon consideration of the conditional petition filed on the 26th of March 2018 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 9th of May 2019." Therefore the case is docketed as of the date of this order's certification. Briefs of the respective...
ORDER Upon consideration of the petition filed on the 13th of March 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 9th of May 2019." Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be...
ORDER Upon consideration of the petition filed by State of NC on the 3rd of January 2019 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 28th of March 2019."
ORDER Upon consideration of the conditional petition filed on the 5th of November 2018 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed as moot by order of the Court in conference, this the 27th of March 2019."
ORDER Upon consideration of the petition filed on the 23rd of October 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 27th of March 2019."
The following order has been entered on the motion filed on the 11th of January 2019 by Appellant for Temporary Stay: "Motion Dissolved by order of the Court in conference, this the 28th of February 2019."
The following order has been entered on the motion filed on the 15th of February 2019 by Appellant to Withdraw Petition for Writ of Supersedeas and Petition for Discretionary Review: "Motion Allowed by order of the Court in conference, this the 28th of February 2019."
ORDER Upon consideration of the petition filed by Plaintiff on the 2nd of November 2018 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 30th of January 2019." Upon consideration of the petition filed on the 20th of November 2018 by Plaintiff in this matter for discretionary review of the...
The following order has been entered on the motion filed on the 3rd of January 2019 by State of NC for Temporary Stay: "Motion Allowed by order of the Court in conference, this the 4th of January 2019."
HUDSON , Justice . Here we are asked to decide whether a medical malpractice plaintiff may amend a timely filed complaint to cure a defective Rule 9(j) certification after the statute of limitations has run, when the expert review required by Rule 9(j) occurred before the filing of the original complaint. The Court of Appeals concluded that Rule 9(j) does not permit a plaintiff to amend in these circumstances and affirmed the trial court's dismissal of plaintiff's medical malpractice...
