Finds “Business Use” Exception to the Policy Applies to Bar Coverage for Accident While Under Dispatch On June 27, 2012, in an unpublished opinion, the United States Court of Appeals for the Fourth Circuit ruled in favor of an insurer that refused to defend or indemnify a trucker based on the commercial auto insurance policy’s… Continue Reading
Archives for June 2012
Collins & Lacy Attorneys Discuss Social Media Risk at South Carolina Association of Counties Annual Conference
Collins & Lacy employment law attorneys Michael Pitts of Greenville and Aisha Taylor of Columbia will speak at the South Carolina Association of Counties Annual Conference regarding social media and risk management on Monday, August 6, 2012. Their presentation, entitled “Socially Challenged: How to Manage Your Social Media Risk in a Linked-In World,” will teach government agencies best… Continue Reading
Court rules plaintiff bit off more than he could chew
A recent decision from the Eastern District of North Carolina reminds us of the key role proof of causation plays in food liability cases. Manley v. Doe, No. 7:10-CV-154-D (E.D.N.C. February 2, 2012) involves a suit filed against Wendy’s concerning a two-inch plastic fragment that was removed from the plaintiff’s lung. Here’s how it started.… Continue Reading
New Guidance on Social Media Policies leaves Employers Stumped
In the latest report on social media issued by The National Labor and Relations Board (NLRB), it argued that six of the seven companies studied violated at least in part the federal National Labor Relations Act with their social media policies. In the seventh case, the entire policy was found to be lawful. Just as it has… Continue Reading
SCWCEA Updates: One Day Seminar, Mediation, and Court of Appeals
Post by Managing Partner Ellen Adams On Friday, June 15, I had the opportunity to attend the South Carolina Workers’ Compensation Educational Association’s (SCWCEA) Annual One Day Seminar. The keynote speaker was Commissioner Derrick L. Williams. Commissioner Williams discussed the history of the mediation initiative and its current status. The Regulations were submitted to the South Carolina General Assembly but… Continue Reading
Nationwide Mutual Ins. Co. v. Rhoden, Arrieta and Dickey
In a 3-2 decision, the South Carolina Supreme Court has concluded that public policy is offended by a portability limitation clause which purports to prevent non-resident relatives from importing UIM coverage from an at-home vehicle’s policy when the involved vehicle lacks UIM coverage. Nationwide Mutual Insurance Company v. Rhoden, Arrieta and Dickey (Op. No. 27131,… Continue Reading
Boyd v. Liberty Life and SelectQuote
The South Carolina Court of Appeals has concluded that an authorization to an insurance company to draft premium amounts from a checking account was insufficient consideration to form a contract for life insurance. Boyd v. Liberty Life Insurance Company and SelectQuote Insurance Services (Ct. App. Op. 4985, June 13, 2012) selectquote life insurance SelectQuote is… Continue Reading
Negotiate Before You Mediate
In the 35 years I’ve been practicing law, mediation has dramatically changed the number of critical cases tried to a jury conclusion. In South Carolina, mediation has become almost a center point of trial practice. In my home town of Greenville, in the 1990s we would try over 100 civil cases a year in GreenvilleCounty alone.… Continue Reading
Charleston grocery store prevails in CGL dispute
A Charleston grocery store prevailed in a recent ruling involving a coverage dispute after a shooting in the store. In Pennsylvania National Mutual Casualty Insurance Company v. DOSCHER’S SUPER MARKETS, Dist. Court, D. South Carolina 2012, Anita Thorne, as Guardian ad Litem for Burton Thorne, brought suit in the Court of Common Pleas for Charleston… Continue Reading
Collins & Lacy Attorneys to Present CLE to Association of Corporate Counsel
Several Collins & Lacy attorneys will provide a Continuing Legal Education (CLE) presentation to theAssociation of Corporate Counsel entitled “Managing Your Risks: A 2012 Perspective on Business, Social Media and Litigation Risks.” The presentation will be held on Thursday, June 7, 2012 from 2 to 5 p.m. at EdVenture Children’s Museum. The first section of the three-part… Continue Reading
