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
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.
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
Eleventh Circuit Rejects Excess Insurers Bad Faith Claim Against Primary Insurer Due to Lack of Damages Causation
The Eleventh Circuit Court of Appeals reversed a Florida district court’s award of damages to the excess insurer on the ground that the excess insurer failed to prove the primary insurer’s alleged bad faith had caused the excess insurer damages. Westchester Fire Ins. Co. v. Mid-Continental Casualty Co., No. 13-12932 (11th Cir. June 19, 2014).… Continue Reading
S.C. Supreme Court Rejects Reasonable Expectations Doctrine as a Substantive Right
The S.C. Supreme Court declined to adopt the doctrine of reasonable expectations within the insurance coverage context in Bell v. Progressive Direct Insurance Co., Op. No. 27381 (S.C. Sup. Ct. filed April 9, 2014). Instead, the court held the doctrine may be used as another interpretive tool, but it does not apply where a contract… Continue Reading
SC Supreme Court Finds Family Member Exclusion in Florida Auto Policy Does Not Violate SC Public Policy
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
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