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
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.
Employee Exclusion Applies to Independent Contractor Truck Driver
An auto insurer had no duty to defend a trucking company against an injured driver’s claim because the insurance policy excluded claims by “employees,” notwithstanding that the driver was technically an independent contractor. Progressive Mountain Ins. v. Madd Transp. LLC, No. 15-11668 (11th Cir. Dec. 8, 2015). Madd is an interstate trucking company based in… Continue Reading
ONE BUSINESS DAY DELAY IN DELIVERING SETTLEMENT CHECK COSTS INSURER $1.1 MILLION
A South Carolina federal district court judge has ordered that Nationwide must pay an accident victim $1.1 million, in excess of the $50,000 Nationwide policy, as a result of Nationwide’s failure to timely respond to a time-limited settlement demand. Urena v. Nationwide Mut. Ins. Co., 2:13-CV-03544-DCN (D.S.C. Jul. 30, 2015). The time-limits demand, delivered on… Continue Reading
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
Judgment Against Insurer For Fire Loss Reversed Due To Admission Of Opinion Testimony Of Non-Expert Volunteer Fire Chief
The S.C. Court of Appeals reversed and remanded a half million dollar verdict against a homeowner’s insurance company because the fire chief was allowed to testify regarding his opinion on causation. Fowler v. Nationwide Mutual Fire Ins. Co., Op. No. 5256 (S.C. Ct. App. filed August 6, 2014). The plaintiff’s home was destroyed by a… Continue Reading
“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall
The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July 23, 2014), the insured subcontractor contracted to… Continue Reading
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