The Fourth Circuit Court of Appeals recently held that an insurer had a duty to defend an insured against class action allegations that the insured posted confidential medical records on the Internet. Two patients at Glen Falls Hospital discovered that when they conducted a “Google” search of their respective names, the first link that appeared… Continue Reading
About Joel Collins
Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?
Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault driver’s liability limits, then seeks to recover under her employer’s underinsured motorist (“UIM”) policy. The UIM carrier and… Continue Reading
South Carolina Law Does Not Permit an Insurer to Seek Contribution for Defense Costs from a Co-Insurer
An insurer cannot require contribution from a co-insurer for the expenses of an insured’s defense where one insurer denies liability and the other refuses to defend, according to a recent opinion of the Fourth Circuit Court of Appeals, affirming a decision of the U.S. District Court for the District of South Carolina. In Auto-Owners Insurance… Continue Reading
4th Circuit Finds Insurer Was Not Required to Provide Notice Prior to Cancelling Life Insurance Policy for Unpaid Premium
An insured’s failure to make payments on his life insurance policy led it to lapse before his death according to Fourth Circuit Court of Appeals in Wactor v. Jackson National Life Insurance Co., No. 13-2367, 2015 WL 1020653 (4th Cir. Mar. 10, 2015). Rejecting the beneficiary’s contentions that the insurer had not properly notified the… Continue Reading
Auto Coverage for UberX Drivers Meets SC Requirements According to SCDOI
UberX may have passed one of the primary roadblocks to its business operations in South Carolina – meeting the state’s insurance requirements. In July 2014, UberX, a ridesharing service, expanded into South Carolina, offering transportation in four of the state’s major urban areas – Columbia, Charleston, Myrtle Beach, and Greenville. UberX’s transportation service is offered… Continue Reading
In a Case of First Impression, District Court Finds an Insurer May Not Seek a Declaration as to Another Insurer’s Duty to Defend
An insurance company may not seek to require another insurer to defend its insured via declaratory judgment according to the United States District Court for the District of South Carolina in Auto-Owners Insurance Company v. Travelers Casualty and Surety Company of America, No. 4:12-cv-3423-RBH, 2014 WL 3687338 (D.S.C. Jul. 22, 2014). The plaintiff in the… Continue Reading
London Calling: Joel Collins’ Adventure Across the Pond to Plan the Magna Carta’s 800th Anniversary
Hello friends, In June, I had the once-in-a-lifetime opportunity to travel to Egham, England for the Stakeholders meeting to plan the 800th Anniversary Celebration of the sealing of Magna Carta. I was there on behalf of The American Board of Trial Advocates (ABOTA) and The American Bar Association (ABA) Magna Carta Committee. The American Bar… Continue Reading
Spotlight: In His Own Words: Founding Partner Joel Collins looks back on the firm’s beginning 30 years ago
Thirty years ago, Stan and I founded Collins & Lacy. But before that, we were just good friends – both practicing law in Columbia, South Carolina.We became friends while I was an Assistant United States Attorney, and he was an Assistant Federal Public Defender. We never had a case against each other, but frequently bumped… Continue Reading
