When might captive insurance be the right choice for a business? Collins & Lacy’s attorney Jennifer Newman talked to Gary Osborne with Risk Partners to help you understand when it’s the right answer to manage risks. Recorded live at the 2021 South Carolina Captive Insurance Association Meeting in Charleston, our new Legal Bench episode is… Continue Reading
Insurance Law Blog
South Carolina Insurance Law Blog provides the latest legal updates in the field of insurance coverage and is maintained by the Collins & Lacy Insurance Practice Group.
How do Third Party Administrator (TPA) companies see captive insurance opportunities, and which insurance sector is currently a major growth area for a TPA? Collins & Lacy’s attorney Jennifer Newman interviewed Chris Reilly with North American Risk Services to find out. This Legal Bench podcast episode was recorded at the 2021 South Carolina Captive Insurance Association… Continue Reading
Our own Jennifer Newman interviewed Ray Farmer, Director of the South Carolina Department of Insurance, for our new The Legal Bench episode.
Here’s the scenario: An employee commits an intentional act that is criminal in nature while on the clock. A third party is injured by this act. The employer is sued based on a theory of vicarious liability. The act was not in the course and scope of employment, nor was it done in furtherance of… Continue Reading
Attorneys here at Collins & Lacy act as defense counsel. That means we represent individuals and businesses who have been sued. More often than you may think, we have a hard time finding a person who is being sued. Last week, the South Carolina Bar’s Ethics Advisory Committee issued Ethics Advisory Opinion 2019 19-04, discussing an… Continue Reading
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 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
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
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
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