existence of three factors in North Carolina

2000In order for plaintiff to prevail on a claim for unfair or deceptive trade practices, plaintiff must demonstrate the existence of three factors: “ ‘(1) an unfair or deceptive act or practice, or unfair method of competition, (2) in or affecting commerce, and (3) which proximately caused actual injury to the plaintiff or his business.’ ” Murray, 123 N.C.

1998General Statute § 58-63-15(ll)i. (1994) states that to attempt “to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured” is an unfair claim settlement practice when “committ[ed] or performed] with such frequency as to indicate a general business practice.” Case law has further required that for a plaintiff to prevail on a claim for unfair or deceptive trade practices, plaintiff must demonstrate the existence of three factors: “(1) an unfair or deceptive act or practice, or unfair method of competition, (2) in or affecting com

2017App. 201, 209 , 531 S.E.2d 258, 264 (2000) (quoting Murray v. Nationwide Mutual Ins.

2017G.S. § 75-1.1(a) declares unlawful “[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce.” To prevail on a claim for unfair and deceptive trade practices, a plaintiff must “demonstrate the existence of three factors: ‘(1) an unfair or deceptive act or practice, or unfair method of competition, (2) in or affecting commerce, and (3) which proximately caused actual injury to the plaintiff or his business.’” Dalton v. Camp, 138 N.C.