NC · jury_instructions
N.C.P.I.—Civil 813.30
TRADE REGULATION - VIOLATION - ISSUE OF TYING BETWEEN LENDER AND INSURER.
The (state number) issue reads:
"Did the defendant require (name borrower) to deal with a
particular insurer as part of a secured transaction?"
On this issue the burden of proof is on the plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, the
following two things:
First, that the defendant2 was engaged in lending money on a
secured basis. Money is loaned on a secured basis when
[property is sold on credit and payment is secured by a purchase
money [mortgage] [deed of trust] [security agreement]]
[a loan is made and repayment is secured by a [mortgage] [deed of
trust] [security agreement]]
[an existing secured [credit] [loan] is refinanced, renewed or
extended].
Second, that the defendant directly or indirectly [required] [imposed
as a precondition to the secured transaction] that (name borrower)
[negotiate] [procure] [(describe other method of obtaining)] a [policy]
[renewal] [extension] of insurance through a particular [insurance
company] [agent] [broker] [(identify other insurer)] [specified] [(describe
other method of designation)] by the defendant. It is not necessary that
the secured transaction be completed.
A lender may require a borrower to obtain insurance as part of a
secured transaction, and the lender may approve or disapprove of an
insurer on a reasonable and nondiscriminatory basis related to the
solvency of the insurer, and to the type and provisions of policy
coverage.3 A lender may not, however, require a borrower to [negotiate]
[procure] [(describe other means of obtaining)] insurance from a
particular insurer.
Finally, as to this issue on which the plaintiff has the burden of
proof, if you find by the greater weight of the evidence that the
defendant required (name borrower) to deal with a particular insurer as
part of a secured transaction, then it would be your duty to answer this
issue "Yes" in favor of the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 813.30 (April 1995). N.C. Gen. Stat. § 75-17. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
761a6ca99e50ebe674366ea341e90ec96aca0c82ced7490b68adb1177038eee7
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