Insurance – CGL – Assault & Battery Exclusion – Premises Liability
Founders Insurance Co. v. Barn Club, Inc. (Lawyers Weekly No. 002-190-12, 6 pp.) (Cameron McGowan Currie, J.) 0:11-cv-03132; D.S.C. Holding: The defendant-nightclub’s commercial general liability...
View ArticleInsurance – CGL – ‘Occurrence’ – Constitutional – Act No. 26 – Retroactivity...
Harleysville Mutual Insurance Co. v. State (Lawyers Weekly No. 010-112-12, 18 pp.) (Jean Hoefer Toal, Ch.J.) (Donald W. Beatty, J., dissenting) (Costa M. Pleicones, J., joining in Justice Beatty’s...
View ArticleInsurance – Auto – Florida Policy – S.C. Accident – Bodily Injury Coverage –...
Thalia S. v. Progressive Select Insurance Co. (Lawyers Weekly No. 011-160-12, 7 pp.) (Cureton, A.J.) Appealed from Jasper County Circuit Court (J. Ernest Kinard Jr., J.) S.C. App. Holding: Although...
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Insurance claim documents not ‘work product’
A recent South Carolina District Court decision on a motion to compel discovery held that reports prepared in the ordinary course of business of adjusting insurance claims are not protected as “work...
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U.S. District Court: Insurer has to cover fatal boat ride
An insurer will have to provide indemnity in the case of a boating accident that took the life of a Hartsville man, after a U.S. District Court judge ruled that the company is on the hook for defending...
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Insurance ‘stacking’ sidestep derailed
A Williamsburg County man paralyzed in a car wreck will be eligible to collect $750,000 from his parents’ insurer after a narrowly divided South Carolina Supreme Court ruled that an exclusion in the...
View ArticleWorkers’ Compensation – Insolvent Insurer – Guaranty Association – Interest &...
Hudson v. Lancaster Convalescent Center (Lawyers Weekly No. 010-007-14, 12 pp.) (Costa M. Pleicones, J.) Appealed from Lancaster County Circuit Court (Kenneth G. Goode, J.) On writ of certiorari to the...
View ArticleInsurance – Homeowners – Sexual Assault – Joint Obligations Provision – First...
Allstate Indemnity Co. v. Tilmon (Lawyers Weekly No. 002-070-14, 14 pp.) (J. Michelle Childs, J.) 1:13-cv-00690; D.S.C. Holding: The “joint obligations” provision in plaintiff’s homeowners’ insurance...
View ArticleInsurance – CGL – Landlord/Tenant – Strip Mall – Fitness Center –...
Starr Indemnity & Liability Co. v. JCW Holdings, LLC (Lawyers Weekly No. 002-134-14, 16 pp.) (R. Bryan Harwell, J.) 4:12-cv-03271; D.S.C. Holding: Even though the same person owns both the...
View ArticleFive acres and a bull
If the bull gets rolled, you must make whole. OK, so that’s not going to become a national catchphrase, but it could be a big hit with insurance attorneys. In a case recently decided in U.S. District...
View ArticleYour wish is my command
Sometimes wishes do come true. Sometimes unanswered prayers would be preferable. That just may be the case in Canopius US Insurance, Inc. v. Middleton, litigation that played out recently in the U.S....
View ArticleWorkers’ Compensation – Unpaid Premiums – Overlapping Coverage – Voluntary &...
LM Insurance Corp. v. Contingent Resource Solutions, LLC (Lawyers Weekly No. 002-045-16, 15 pp.) (Bruce Howe Hendricks, J.) 7:14-cv-03634; D.S.C. Holding: Alternative pleading makes it possible for the...
View ArticleArbitration – Insurance – Agent Training – Non-Signatories – Equitable Estoppel
Wilson v. Willis (Lawyers Weekly No. 011-024-16, 22 pp.) (H. Bruce Williams, J.) Appealed from Abbeville County Circuit Court (Eugene Griffith Jr., J.) S.C. App. Holding: Plaintiffs – insureds and...
View ArticleTort/Negligence – Negligent Misrepresentation – Insurance – Coverage Amount –...
Founders Insurance Co. v. Richard Ruth’s Bar & Grill LLC (Lawyers Weekly No. 002-110-16, 8 pp.) (David Norton, J.) 2:13-cv-03035; D.S.C. Holding: Even though an insurer allegedly misrepresented its...
View ArticleTort/Negligence – Insurance – Bad Faith Claim – Breach of Contract – Injured...
Founders Insurance Co. v. Richard Ruth’s Bar & Grill, LLC (Lawyers Weekly No. 002-111-16, 25 pp.) (David Norton, J.) 2:13-cv-03035 & 2:14-cv-03272; D.S.C. Holding: Where an insurer was not...
View ArticleCivil Practice – Joinder – Insurance Claim – Tort/Negligence – Dam Breach &...
Morris v. Cary’s Lake Homeowners Association (Lawyers Weekly No. 002-120-16, 12 pp.) (J. Michelle Childs, J.) 3:16-cv-00880; D.S.C. Holding: Whether the South Carolina defendant-property owners’...
View ArticleCOA knocks Insurance Guaranty Association in ruling for claimant
The state insurance association charged with protecting policyholders of insolvent insurance companies has been handed a $300,000 loss by the South Carolina Court of Appeals in a suit filed by the...
View ArticleCivil Practice – Diversity Jurisdiction – Removal & Remand – Insurance –...
Del Webb Communities, Inc. v. American Home Assurance Co. (Lawyers Weekly No. 002-194-16, 8 pp.) (Patrick Michael Duffy, J.) 9:16-cv-01209; D.S.C. Holding: The plaintiff-general contractor seeks a...
View ArticleReservation letter failed, carrier hit for big verdicts
Property owners who got hosed in bum deals for leaky condos have scored a victory at the South Carolina Supreme Court in a case that underscores the importance of a detailed reservation-of-rights...
View ArticleMan gets life for killing classmate’s husband for insurance
PICKENS (AP) A man who agreed to kill an old classmate’s husband so they split his life insurance money has been sentenced to life in prison. Media outlets report 37-year-old Marcus Johnson pleaded...
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