Jim Bryan

James W. Bryan has practiced in the area of civil litigation with a concentration in insurance coverage, bad faith litigation, tort litigation, trucking industry defense, commercial litigation and environmental law. He is a member of the firm's business litigation practice group and is co-chair of its insurance litigation committee and insurance bad faith defense group as well as its trucking and transportation committee and truck accident defense group.

An occasional seminar presenter, Mr. Bryan has participated in transportation litigation, insurance coverage, civil procedure and evidence seminars. He is frequently involved in insurance coverage and bad faith litigation involving construction disputes, as well as trucking accident defense litigation and motor carrier regulatory and compliance matters.

Mr. Bryan is a member of the Trucking Industry Defense Association, Transportation Lawyers Association and North Carolina Trucking Association.  

He is a member of the Defense Research Institute's Insurance Law, Commercial Litigation, Diversity and Trucking Law Committees. He is the past Chair for the DRI's Insurance Law Committee's annual meeting.

Mr. Bryan is a member of the American Bar Association's Tort Trial & Insurance Practice Section and its Insurance Coverage Litigation Committee, and the ABA's Litigation Section and its Enviromental Litigation Committee.

Mr. Bryan is also a member of the North Carolina Bar Association's Environmental and Natural Resources Law Section (and on its Council 2002-2005) and the Litigation Section.

Published Works:

• "Property Insurance Policies: The Covered Causes of Loss and Excluded Perils", Exploring Property Insurance and Construction Law Issues, Defense Research Institute, June 2010.

• Jim Bryan and Dennis Lynch co-authored an article entitled "Rolling Out CSA 2010 - The New Motor Carrier Safety Compliance" for The DefenseLine.  The DefenseLine is the quarterly publication of the South Carolina Defense Trial Attorneys' Association.

• On May 19, 2010, Jim Bryan and Taylor Stukes filed an amicus curiae brief in a case pending before the North Carolina Supreme Court on behalf of the Trucking Industry Defense Association.  Read more here.

• Co-Author, Duty to Settle Third Party Claims, Property Loss Research Bureau/Liability Insurance Research Bureau, National Claims Convention, San Antonio, March 2010
• "The Nuts and Bolts of Declaratory Judgement Actions", presented at the North Carolina Bar Association's Insurance Law Update CLE, Grandover Resort, Greensboro, North Carolina, November 6, 2009
• "Right to Independent Counsel?", Coverage Magazine, Insurance Coverage Litigation Committee of American Bar Association's Section of Litigation, Vol. 19, No. 3, May/June 2009
• "Umbrella Policies: The Duty to Drop Down", Property Loss Research Bureau/Liability Loss Research Bureau, National Claims Convention, Seattle, March 2009
• Co-Author, Who's Responsible for Financial Responsibility?, Defense Research Institute's Trucking Law Committee, In-Transit, August 2007. The article features a recent NC Court of Appeals decision which held that a liability policy for a commercial vehicle automatically provides minimum of $750,000 of coverage, despite the owner requesting and paying for lesser coverage.
• Co-Author, Amicus Curiae brief in the Supreme Court of North Carolina on behalf of the Trucking Industry Defense Association, North Carolina Farm Bureau Mutual Insurance Company, Inc., v. Terry Davis Armwood, Jr.; Et al., April 2007
• Co-Author, Amicus Curiae brief on behalf of the Trucking Industry Defense Association in the case, Lamson & Sessions Co. v. ATS Logistics Services, Inc., November 2006
• Co-Author, North Carolina Chapter in the Defense Research Institute's Insurance Bad Faith: A Compendium of State Law (2006)
• Contracts and Insurance Protections for Motor Carriers, National Tank Truck Carriers Association, Board of Directors Meeting, August 2004  
• Co-Author, North Carolina Chapter in the American Law Firm Association's A Fifty-State Reference of Significant Case and Statutory Law Related to Life, Accident and Health Insurance Claims and Litigation (2003 Edition)
• Just Exactly Where is That Petroleum Contamination Coming From?, Environmental News, North Carolina Bar Association, 2003  
• Hold Harmless, Indemnity, Subrogation and Additional Insured Insurance in Transportation Contracts, Annual Meeting, National Tank Truck Carriers Association, April, 2003 
• Brownfields Agreements: A Prospective Developer's Road to Success, Environmental News, Vol. 13, No. 2, March, 2002
• Auto Exclusion in General Liability Insurance Policies, For the Defense, Vol. 43, No. 12, December, 2001
• The Saga Over MTBE Continues, Takes New Turn, Environmental News, Vol. 13, No. 1, December, 2001
• A Lesson in Avoiding Liability on the Internet, BizLife Magazine, March, 2001
• A Practical Guide to Federal Court Rules and Procedures in North Carolina, National Business Institute, June, 2000
• Insurance Coverage Laws in North Carolina, National Business Institute, June, 1996
• Damages Recoverable in Commercial Cases and Their Proof, Commercial Litigation in North Carolina Handbook, Law Practice Handbooks, 1995

• Member, American Bar Association's Tort Trial and Insurance Practice Section and its Insurance Coverage Litigation Committee and the ABA's Litigation Section and its Environmental Litigation Committee; Member, Defense Research Institute's Insurance Law, Commercial Litigation, Diversity and Trucking Law Committees; Member, Trucking Industry Defense Association; Member, North Carolina Trucking Association; Member, North Carolina Association of Defense Attorneys

• Insurance Bad Faith - Defended commercial lines insurer for seven years (2002-2009) in bad faith litigation in NC state court involving builders risk insurance, mold infestation, alleged insurance fraud in claim submission, alleged additional insured coverage, construction project failure, Chapter 11 bankruptcy of project owner, SIU investigation, and appeal of discovery dispute over insurer's work product.  Successful in resolving the matter late in discovery phase.
• Insurance Coverage/E&O/Motion to Dismiss – Obtained for insurance company an order dismissing the corporate policyholder's insurance coverage action in NC state court on a professional liability E&O policy where claimant made tortious interference with contract claim against policyholder after the expiration of the policy.  
• Insurance Coverage/Bad Faith/Credit Life/Motion to Dismiss – Obtained for  insurer an order of dismissal of the insured's insurance coverage/bad faith action in federal court in NC in regards to a credit life insurance policy due to misrepresentation.  
• Insurance Coverage/CGL/Construction Defects – Won summary judgment motion for insurance company in insurance coverage case involving construction defect claims, owned property exclusion and trigger rule.  
• Insurance Coverage/Commercial Auto/Summary Judgment - Won summary judgment for insurer in federal court in NC on grounds that the auto exclusion applied to bar coverage under a CGL policy for a catastrophic truck accident.     
• Insurance Coverage/Affirmance on Appeal - Obtained NC Court of Appeals' affirmance of summary judgment entered by trial court for CGL insurer on construction defect claims.  
• Title Insurance/Affirmance on Appeal – Prevailed in NC Court of Appeals for insurance company in title insurance case concerning adverse possession.
• Environmental/Consent Decree - Negotiated consent decrees for Fortune 100 company in underground storage tank case involving soil and groundwater contamination at convenience store gas station next to elementary school.
• Environmental/UST - Defended and obtained dismissal of NC state court action for gas station owner against NC Dept. of Environment and Natural Resources after multiple expert witness depositions revealed lack of merit for claim under NC Oil Pollution & Hazardous Substances Control Act.  
• Environmental/Notice of Violation/Air Quality - Successful in persuading NCDENR's Division of Air Quality to agree to a substantial reduction of monetary penalty for alleged violation of air quality permit of manufacturer client.
• Environmental/Insurance Coverage – Obtained settlement for insurer in a ten- year coverage dispute concerning underground storage tank insurance for oil company insured at convenience store gas station.
• Truck Accident Defense/Jury Trial - Settled double fatality truck accident case for Kodiak truck owner-operator after 7 days of jury trial in NC state court. 
• Truck/Bus Accident/Jury Trial - In stipulated liability case, able to hold down the jury's damage award to 25% of what plaintiff asked for in closing argument.  Successful in motions to exclude testimony of plaintiff's vocational expert and economist expert.
• Cargo Loss/Carmack Amendment – Settled cargo loss claim for motor carrier in NC state court concerning stolen trailer of cell phones where interpretation of Carmack Amendment played significant role.
• Trucking Regulatory Compliance/USDOT – Negotiated a settlement for trucking company with US Dept. of Transportation concerning civil penalty assessments for alleged violations of federal motor carrier safety regulations.
• Motor Carrier Permit Violations/North Carolina - Obtained judgment for trucking company against State Highway Patrol for wrongful penalty assessment for alleged violation of trip permit for overweight load.  Won on appeal.
• Transportation Contracts – Drafting and negotiating of transportation contracts on behalf of motor carriers and shippers.
• Premises Liability/Jury Trial - Obtained defense verdict of no liability for municipality in trip and fall case in NC state court.  
• Automobile Negligence/Jury Trial - Won defense verdict of no liability for automobile operator in motor vehicle negligence case.
• Compelling Arbitration - Successful on motion to compel arbitration on insurance company's behalf in insurance coverage/bad faith action in NC state court concerning commercial crime policy with corporate policyholder, and successfully opposed assertion by corporate insured that the insurer waived the right to arbitration after filing the first action in New York. 

• Daily Express, Inc. v. Bryan E. Beatty, Secretary of Crime Control & Public Safety, 688 S.E.2d, 791 N.C.App. (2010)
• Wachovia Bank v. Clean River Corporation, 178 N.C. App. 528, 631 S.E.2d 879 (2006)
• Miller v. Owens, 603 S.E.2d 168 (N.C.App. 2004)
• Ayers v. Patz, 2002 WL 1901906, N.C.App. (Aug. 20, 2002)
• Polo Ralph Lauren Corp. v. Gulf Ins. Co., 2001 WL 34000140, 2001 NCBC 3, N.C. Super. (Jan. 31, 2001)
• Markham v. Nationwide Ins. Co., 125 N.C.App. 443, 481 S.E.2d 349 (1997)
• Hunter v. Newsom, 121 N.C.App. 564, 468 S.E.2d 802 (1996)
• Fidelity National Title Ins. Co. of Tenn. v. Kidd, 99 N.C.App. 737, 394 S.E.2d 225 (1990)

• "Electronic-device manufacturers may avoid liability for injuries caused by distracted drivers"
  Nexsen Pruet attorney Jim Bryan offers insight to North Carolina Lawyers Weekly in an article about a "case that could indicate limits on manufacturers' liability for accidents involving distracted drivers."
• "Court strikes down attorney fee award because DOT was 'substantially justified'"
  Nexsen Pruet's Jim Bryan speaks to North Carolina Lawyers Weekly about the February 16th ruling in Daily Express, Inc v. Beatty.
• Jim Bryan Admitted to Practice before U.S. Supreme Court

• Amicus Curiae Brief Filed In Support of Liability Insurer on Definition of "Insured"
  On May 19, 2010, Jim Bryan and Taylor Stukes filed an amicus curiae brief in a case pending before the North Carolina Supreme Court on behalf of the Trucking Industry Defense Association. The Brief supported the position of Canal Insurance Company. Bryan and Stukes argued in their brief that the North Carolina Court of Appeals wrongly upheld a trial court’s interpretation of a provision in a trucking company’s insurance policy that defined who was an “insured” under the policy and had coverage. Judge Steelman of the Court of Appeals wrote a dissenting opinion.
• Amicus Curiae Brief for Trucking Industry Defense Association
  On May 19, 2010, Jim Bryan and Taylor Stukes filed an amicus curiae brief in a case pending before the North Carolina Supreme Court on behalf of the Trucking Industry Defense Association. The Brief supported the position of Canal Insurance Company. Bryan and Stukes argued in their brief that the North Carolina Court of Appeals wrongly upheld a trial court’s interpretation of a provision in a trucking company’s insurance policy that defined who was an “insured” under the policy and had coverage. Judge Steelman of the Court of Appeals wrote a dissenting opinion.
• "Court strikes down attorney fee award because DOT was ’substantially justified’ "
• The Nuts and Bolts of Declaratory Judgment Actions
  Actions for declaratory judgment are a common feature of a litigator’s insurance coverage practice. Sometimes they can be simple and straightforward and other times they can be complex, protracted and expensive. This article is intended to address many of the substantive and procedural issues that arise in declaratory judgment actions.
• Defenses for Cargo Loss Claims Under the Carmack Amendment
  Cargo travels this nation by truck through hundreds of miles and through the hands of multiple parties before it reaches its destination. During the journey, the parties involved in the transport of the cargo face constant risks for legal liability for damage or loss of cargo.
• "Umbrella Policies: The Duty To Drop Down," 2009 Claims Conference, Property Loss Research Bureau/Liability Insurance Research Bureau, Seattle
• Property Insurance: Covered Causes of Loss and Excluded Perils
  Dominant features of property insurance are the covered causes of loss and the excluded perils. This is true for commercial property policies including builders risk, as well as homeowners policies. These features are the focus of this chapter.
• Amicus Curiae brief in the Supreme Court of North Carolina on behalf of the Trucking Industry Defense Association, North Carolina Farm Bureau Mutual Insurance Company, Inc., v. Terry Davis Armwood, Jr.; Et al.
• The Excess Insurer Lament: When Is The Primary Layer Exhausted?
• Fourth Circuit Chapter in the Defense Research Institute's Spoliation of Evidence: A Compendium of State and Federal Law - 2006
• North Carolina Chapter in the Defense Research Institute's Unfair Trade Practices: A Compendium of State Law - 2006
• CLIENT ALERT: 2005 Amendment Reduces Risks Associated with Redeveloping Brownfields
  The South Carolina Brownfields Voluntary Cleanup Program now provides additional liability protection for developers of contaminated lands.
• Waiver of Right of Arbitration Upon Participation in Litigation
  An examination of the circumstances under which a party may be found to have waived its right to arbitrate when having already participated in litigation.
• Business Litigation Review - Punitive Damages
  The Business Litigation Review is offered as a service to Nexsen Pruet, PLLC clients and friends. This review covers punitive damages law in North Carolina and in South Carolina.
• "Contracts and Insurance Protections", American Law Firm Association's Transportation Practice Group Seminar, April 2003
• Just Exactly Where is That Petroleum Contamination Coming From?
  Just Exactly Where is That Petroleum Contamination Coming From?, Environmental News, North Carolina Bar Association, 2003
• Brownfields Agreements: A Prospective Developer's Road to Success
  Brownfields Agreements: A Prospective Developer's Road to Success, Environmental News, Vol. 13, No. 2, March, 2002
• Auto Exclusion in General Liability Insurance Policies
• The Saga Over MTBE Continues, Takes New Turn
  The Saga Over MTBE Continues, Takes New Turn, Environmental News, Vol. 13, No. 1, December, 2001
• Self-Insured Retentions
• Nexsen Pruet Insurance Brochure