A Florida automobile insurance policy’s family exclusion did not violate South Carolina public policy according to an April 2014 opinion of the South Carolina Supreme Court. In Green v. United States Automobile Association Auto and Property Insurance Company, a motor vehicle accident occurred in South Carolina when a mother was making a left turn at… Continue Reading
About Logan Wells
Methamphetamines vs. Narcotics – The Sequel
S.C. Supreme Court Reverses S.C. Court of Appeals; Holds Methamphetamine Is Not a Narcotic Post by Logan Wells The plain and ordinary meaning of narcotic in an insurance policy does not include methamphetamine according to a June 12, 2013 opinion of the S.C. Supreme Court. Finding the use of the term “narcotic” created, at a… Continue Reading
S.C. Court of Appeals Finds D&O Endorsement Excludes Coverage for Defective Construction Claims
A D&O endorsement excluded coverage for claims alleging damage to other property as a result of defective design or construction. According to a May 8, 2013 opinion of the S.C. Court Post by Logan Wells of Appeals, coverage for allegations against the insured for breach of fiduciary duty, however, was not excluded. In Pulliam v.… 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
4th Circuit Finds Municipal Tax on Flood Insurance Premiums Barred by Doctrine of Sovereign Immunity
South Carolina municipalities are not entitled to assess municipal business license taxes based on, or measured by, the total flood insurance premiums collected in the particular municipality by insurance companies under an arrangement with FEMA, according to a March 1, 2013 opinion of the Fourth Circuit Court of Appeals. Finding the taxes contravened the principles… Continue Reading
S.C. Court Finds Insufficient Proof in Life Insurance Fraud Case
S.C. Court of Appeals says Jury Could Conclude Insured Did Not Make Misrepresentations on Life Insurance Application With Fraudulent Intent In a recent opinion, the South Carolina Court of Appeals found a jury could reasonably conclude a life insurance company insurer was not entitled to a directed verdict in a suit to void a policy. The insurer… Continue Reading
S.C. Court of Appeals Finds Insured Liable for Earned Premiums on Workers’ Comp Policies
Post by Logan Wells On January 9, 2013, in an unpublished opinion, the South Carolina Court of Appeals found (1) an insured was liable to its insurer for final premiums based upon remuneration paid to the insured’s employees; and (2) the insurer did not act in bad faith by cancelling the insured’s workers’ compensation policy… Continue Reading
Fourth Circuit Rules on Insurance Issues Arising out of Duke Lacrosse Controversy
Finds City Did Not Waive Governmental Immunity by Purchasing Liability Insurance Policies Post by Logan Wells In a December 17, 2012 opinion, the U.S. Court of Appeals for the Fourth Circuit found the City of Durham did not waive its governmental immunity by purchasing liability insurance, thereby reversing a decision of the U.S. District Court… Continue Reading
Let’s Talk Turkey. How Does One Determine the Value of a Burnt Bird?
Photo by StockVault As you are preparing for Thanksgiving and worrying you will accidentally burn the 15 pounds of turkey you have spent hours dressing, just remember, it could be worse. You could burn four million pounds of turkey. That’s what happened to a turkey producer in a 1988 opinion of the Western District of… Continue Reading
Governor Appoints New Director of South Carolina Department of Insurance
Post by Logan Wells Governor Nikki Haley has named Ray Farmer as the new director of the South Carolina Department of Insurance. Farmer takes over on December 3, 2012 after retiring as Southeast vice president of the American Insurance Association. Governor Haley made the announcement yesterday, and the appointment must be confirmed by the South Carolina Senate.… Continue Reading
