The South Carolina Supreme Court recently held that an endorsement excluding coverage to the named insured’s husband was clear and unambiguous and was not in violation of any statute or public policy.[1] Nationwide Insurance Company of America issued an automobile policy to Kristina Knight (“Knight”), including liability coverage, uninsured motorist (“UM”) coverage and underinsured motorist… Continue Reading
About Kelsey Brudvig
Protections Afforded to Vacation Rental Property Owners and Management Companies
As Summer is officially underway, and many Americans begin planning vacations for the first time in over a year, vacation rental properties are quickly booking up, particularly in vacation destinations along the South Carolina coast. With many vacation rental property owners residing in a different city or state as the location of the property utilized by… Continue Reading
Are you a landlord or a property manager who wants to stay true to the most current laws regarding evictions?
Kelsey Brudvig is a shareholder at Collins & Lacy law firm practicing in the areas of retail and hospitality law and professional liability. She defends national and regional leaders in the retail hospitality and entertainment sectors who are doing business in South Carolina. Today, she brings us the latest information on the state of eviction law in… Continue Reading
Limitations on Punitive Damages Limits
In a published 2-1 opinion, the South Carolina Court of Appeals recently held that where a national corporation failed to assert the punitive damages caps articulated in Section 15-32-530 as an affirmative defense, the defense was waived. As a result, the Court of Appeal upheld a 45:1 ratio punitive damages to compensatory damages award. In… Continue Reading
S.C. Supreme Court Clarifies Successor Liability Standard
Court holds plaintiffs must prove three types of commonality Liability of a successor entity under South Carolina’s “mere continuation” rule continues to require commonality of ownership. However, the door may have been opened for successor liability in the absence of commonality of in the future. In Nationwide Mutual Insurance Company v. Eagle Window & Door,… Continue Reading
South Carolina Supreme Court Rules on Automobile Insurance Policy Question
South Carolina law does not require punitive damages be apportioned pro rata between bodily injury and property damage in a split limits automobile insurance policy. In Government Employees Insurance Company v. Poole, 2018 WL 3300235, (S.C., 2018), the South Carolina Supreme Court answered “No” to the following question certified to it by the United States… Continue Reading
A Recent Administrative Law Court’s Order Could Jeopardize Late-Night Establishments
An attempt to clean up a college town could have a rippling effect far beyond “Famously Hot” Columbia and crash waves that will be felt among the bar and club communities across the Palmetto State. On April 3, 2018, an Administrative Law Judge (“ALJ”) found that an LLC operating a bar in the Five Points… Continue Reading
SPECIAL REPORT: Reservation of Rights
Insurer’s failure to advise policyholder of its interest in allocated damages results in coverage for general verdict. The South Carolina Supreme Court has concluded that: (1) an insurance company’s reservation of rights letter was insufficient and the insured had therefore waived its coverage defenses; (2) even if the reservation of rights had been effective, the… Continue Reading
Insurer Correctly Non-Renewed Homeowner’s Insurance Policy
The South Carolina Court of Appeals has concluded that notice of cancellation of a homeowner’s insurance policy is controlled by S.C. Code § 38-75-1160, not the more general § 38-75-740, and that the mortgage holder was not the homeowner’s agent for purposes of renewing the homeowner’s policy. Bank of New York Mellon Trust Co. v.… Continue Reading
Professional Liability Policy Provides Coverage for Innocent Co-Insureds
In Evanston Ins. Co. v. Agape Sr. Primary Care, Inc., No. 14-2268, 2016 WL 192748 (4th Cir. Jan. 15, 2016), the Fourth Circuit affirmed the South Carolina District Court’s finding that a professional liability policy provided coverage to the innocent co-insureds of a man who posed as a physician. Evanston provided professional liability insurance to… Continue Reading
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