When the South Carolina Supreme Court issued its decision in Bentley v. Spartanburg County and S.C. Association of Counties SIF (Opinion No. 27140) in July 2012, there was little doubt the General Assembly would heed the Court’s call for reform of §42-1-160(B) and the requirement of “extraordinary and unusual” conditions to prove a compensable mental-mental injury… Continue Reading
Archives for April 2013
Collins & Lacy Almost Triples the Number of Attorneys Selected as South Carolina Super Lawyers® and Rising Stars®
[COLUMBIA, S.C., April 25, 2013] – Collins & Lacy, P.C. has almost tripled the number of its attorneys named to the 2013 South Carolina Super Lawyers® and South Carolina Rising Stars® list. Fourteen attorneys with the statewide business defense firm are included in the 2013 list. That means 50 percent of Collins & Lacy’s attorneys… Continue Reading
D&O Coverage Ends on Date of Insured’s Jury Conviction
The Fourth Circuit has affirmed a Virginia district court’s decision, finding the conviction of an insured in an underlying criminal case ended an insurer’s obligation to pay defense costs pursuant to a D&O policy. Farkas v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa, No. 12-1481 (4th Cir. Apr. 11, 2013) (unpublished). National Union provided… Continue Reading
The Rules Governing Calculation of Commuted Values have Changed
This week, the South Carolina Workers’ Compensation Commission (Commission) voted to change the way commuted values of awards in South Carolina are calculated. At its monthly business meeting on Monday, April 15, 2013, the Commission unanimously accepted the recommendation of the majority of the Commuted Value Advisory Committee to discontinue the 5% discount rate for awards… Continue Reading
New Form I-9 – Mandatory for Employers
As you may remember from prior immigration articles, employers are required to complete a Form I-9 to verify the identity and employment authorization of each employee hired in the United States. Businesses are required to keep the form for as long as an individual works for the company and for the required amount of time after termination,… Continue Reading
S.C. Supreme Court Holds Limit of Liability Provision Is Neither Unconscionable nor Against Public Policy
Originally published on the South Carolina Insurance Law Blog by Attorney Logan Wells Contractual limitation of a home inspector’s liability does not violate South Carolina public policy and, as a matter of law, is not unconscionable, according to a March 2013 opinion of the S.C. Supreme Court. Finding such limit of liability clauses are enforceable, the court specifically noted… Continue Reading
S.C. Supreme Court Holds Limit of Liability Provision Is Neither Unconscionable nor Against Public Policy
Contractual limitation of a home inspector’s liability does not violate South Carolina public policy and, as a matter of law, is not unconscionable, according to a March 2013 opinion of the S.C. Supreme Court. Finding such limit of liability clauses are enforceable, the court specifically noted the lack of a requirement that home inspectors carry… Continue Reading
Workers’ Comp Commission Scores well in SC Bar Survey
Like most lawyers, I am inundated with emails, newsletters and other information about the Post by Founding Partner Stan Lacy practice of law. Rarely can I give most of this material more than a cursory glance, but something caught my eye in of of the SC Bar’s March E-Blasts. I saw the headline “Workers’ Compensation… Continue Reading
S.C. Supreme Court Rules on the Scope of an Arbitration Clause
Insurers and insureds have occasion to dispute whether lawsuits between them are subject to arbitration clauses in insurance policies. While Landers v. FDIC did not involve an insurance policy, the South Carolina Supreme Court’s holding that an employee’s breach of contract claim and related tort claims were all within the scope of an arbitration clause… Continue Reading
Collins & Lacy Elects Greenville Attorney Mike Pitts as Managing Partner
I am pleased to announce Collins & Lacy attorney Mike Pitts has been elected as the new Post by Pete Dworjanyn managing partner of our firm. Mike is innovative, determined, and diligent in his work on behalf of South Carolina businesses – and that includes Collins & Lacy. We are excited to welcome Mike to this leadership… Continue Reading
