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
Another Year, a Higher Maximum Compensation Rate
We generally are pleased with the economy when it grows and income rises. Last year was no different. While income increased on average only a small percentage, our maximum compensation rate, which is tied to the state’s average income, rose with it. The 2017 maximum compensation rate is $806.92. It is equal to the average weekly… Continue Reading
Employers May Now Be Responsible for Injuries Sustained on Public Roads
The South Carolina Supreme Court essentially abandoned 19 years of court precedence by finding the divided premises rule applies to injuries sustained while on a public street traveling from one employer-controlled location to another employer-controlled location. The state’s highest court, with all justices agreeing, overturned the single commissioner, full commission, and state Court of Appeals… Continue Reading
Constitutional Rights vs. The Exclusive Remedy Doctrine
The Workers’ Compensation Act evolved from what is often called the “Grand Bargain.” Injured workers cannot sue their employers for work-related injuries in exchange for a no fault system in which the injured worker does not have to prove negligence and the employer provides sure and timely medical and indemnity benefits defined by statute. In… Continue Reading
Finally! A South Carolina Questions & Answers Guide to Workers’ Compensation
The Collins and Lacy team partnered with Practical Law to create a South Carolina Questions and Answers Guide to Workers’ Compensation. This guide provides employers, adjusters, and other workers’ compensation professionals with a basic overview of the South Carolina Workers’ Compensation Act and relevant case law. It will answer your general South Carolina workers’ compensation… 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
Precious Cargo: Collins & Lacy, P.C. Calls on Community to Donate Items for Foster Children
[COLUMBIA, S.C. May 9, 2016] – May is National Foster Care Month, and to promote awareness, Collins & Lacy, P.C. is teaming up with the South Carolina Youth Advocate Program (SCYAP), a provider of foster care and community-based services, to host a statewide item collection drive for the organization’s Precious Cargo program. The non-profit organization… Continue Reading
Collins & Lacy, P.C. Attorneys Selected as 2016 South Carolina Super Lawyers® and Rising Stars® with One Named as South Carolina Top 25
[COLUMBIA, S.C. April 27, 2015] – Nine Collins & Lacy, P.C. attorneys spanning the firm’s three statewide offices have been selected to the 2016 South Carolina Super Lawyers® and South Carolina Rising Stars® list, one who is ranked among the South Carolina Top 25 lawyers list. “It is an honor for these attorneys to have… Continue Reading
Collins & Lacy Attorney Selected as a Platinum Recipient for 2016 Compleat Lawyer Award
[COLUMBIA, S.C. April 25, 2016] – Collins & Lacy, P.C. is pleased to announce co-founder Stan Lacy has been chosen as the Platinum recipient for the 2016 Compleat Lawyer Award, given by the University of South Carolina School of Law. A special dinner honoring the recipients was held in Columbia, South Carolina on April 21,… Continue Reading
A Change in Direction for Change in Condition?
On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective evidence. Russell injured her back on November 3, 2009 lifting something heavy. Because she was pregnant, diagnostic… Continue Reading
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