What is a “Change?” -
S.C. Code Ann. Section 38-77-160 serves to establish an insurer’s duty to offer, at the option of an insured, underinsured motorist coverage (“UIM”) up to the limits of the insured liability coverage,...more
South Carolina’s courts have long and consistently articulated that insurance policies are contracts, governed by the general rules of contract construction. Our courts have just as consistently held that insurers may include...more
In May 2015, Raymond Wacha and Alphonso Dudley were involved in an automobile accident. At the time, Wacha, an employee of Founders National Golf, LLC, was driving a truck owned by that entity and insured by a commercial...more
Nearly one year ago, in this space, we addressed the issue of whether South Carolina’s attorney-client privilege was facing its ultimate demise, in the context of insurance bad faith litigation. At that time, based upon an...more
It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance;...more
South Carolina Supreme Court Employs Direct Benefits Test -
To those of you kind enough to visit this site regularly – no, you are not seeing double. On December 18, 2018 we addressed the United States District Court’s...more
It is well established that an insurance policy is a contract, requiring each party to comply with its respective obligations thereunder. The scope of those obligations, the determination of compliance and any consequence is...more
Discovery is a critical part of most cases. Some law firms have entire sections dedicated solely to discovery. Some attorneys enjoy the quest for more information while others find discovery to be the bane of their existence....more
In South Carolina, as in most jurisdictions, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. See South Carolina Unfair Trade Practices Act (the...more
More than a year ago, we examined the agonizing history of Vanderhall, a single case spanning several years, marked by a panoply of fact twists, struggling to achieve a finding of bad faith. So tortuous was the history that...more
Following years of alleged sexual abuse of a minor child at the hands of Joseph Hunter, the mother of the child filed suit in state court against Hunter's wife, Rose Hunter, asserting causes of action for negligence,...more
S.C. Code §38-77-160, which provides the statutory authority and requirements for underinsured coverage (UIM), provides, in relevant part, the insurer providing the UIM coverage has the right to appear and defend in the name...more
Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages -
07.10.18 - In a significant but not entirely novel ruling, the South Carolina Supreme Court recently held that South Carolina law...more
In this space alone, there has been a plethora of cases in which coverage was denied based upon an assault and battery exclusion of a commercial general liability (CGL) policy. Recently, in a per curium opinion, the Court of...more
The relationship between children and parents continues to change; it takes but a brief, informal look to see glaring examples. For instance, the average age for Americans to marry has risen by four years since 1990. These...more
South Carolina has long recognized the common law collateral source rule. The rule provides that any compensation received by an injured party from a source independent of the tortfeasor cannot be applied to reduce damages...more
Faced with cross motions for summary judgment in a declaratory judgment action seeking coverage determination, the United States District Court for South Carolina recently employed exacting scrutiny in its analysis of the...more
Owners Insurance Company issued a commercial general liability policy (CGL) to Cruz Accessories, a/k/a H&C Corp.(Cruz). The policy included standard language relating to Owners’ right and duty to defend Cruz, including the...more
While there are myriad cases interpreting uninsured motorist (UM) coverage in South Carolina, some aspects of the coverage are well determined. No policy of insurance may be issued without providing for the coverage, in an...more
The South Carolina Property and Casualty Insurance Guaranty Association (the Guaranty) is an unincorporated nonprofit entity created pursuant to the South Carolina Property and Casualty Insurance Guaranty Association Act (the...more
Federal Rule of Civil Procedure 54(d) provides, in pertinent part, that “[u]nless a federal statute, these rules, or a court order provides otherwise, costs – other than attorney’s fees – should be allowed to the prevailing...more
There is no shortage of opinions offering guidance in the construction and analysis of insurance policies. For those of us who regularly read and interpret these policies the courts have provided myriad scenarios with various...more
Because many recognize the prudence in securing additional coverage and because, generally speaking, personal liability umbrella policies (PLUP) are not prohibitively expensive for most, it is not unusual to encounter such a...more
South Carolina’s attorney-client privilege protects against the disclosure of communications pursuant to which legal advice of any kind is sought by a client from a professional legal adviser, acting in that capacity. At the...more
Any regular reader has seen a number of articles here regarding assault and/or battery exclusions of insurance policies. These exclusions are commonly part of commercial general liability (“CGL”) and liquor liability...more