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
Witness Credibility: The Jury’s Deciding Factor?
The Fourth Circuit Court of Appeals recently issued an unpublished opinion that highlights the tremendous impact the credibility of witness testimony can have on the outcome of a jury trial. In Paulette A. Myers v. Dollar General Corporation, Case No. 17-1785, Dollar General appealed the district court’s denial of its motion for judgment as a… Continue Reading
A Recent Administrative Law Court’s Order Could Jeopardize Late-Night Establishments
An attempt to clean up a college town could have a rippling effect far beyond “Famously Hot” Columbia and crash waves that will be felt among the bar and club communities across the Palmetto State. On April 3, 2018, an Administrative Law Judge (“ALJ”) found that an LLC operating a bar in the Five Points… Continue Reading
South Carolina Opinion: Insurer May Maintain Direct Legal Malpractice Action Against Counsel Hired to Represent Insured
The South Carolina Supreme Court issued its opinion today in Sentry Select Insurance Co. v. Maybank Law Firm, LLC, No. 2016-001351, Slip Opinion No. 27806 (click on the citation to be redirected to the full opinion). Justice John Cannon Few issued the opinion for the majority. General Summary The case involves an insurance carrier (“Insurer”)… Continue Reading
Post Las Vegas: The New Reality for Hotels When It Comes To Guest Privacy
It has been written an innumerable amount of times: 9/11 changed the course of our history and forever affected just about every business and activity in this country. Travel, particularly air travel, is measurably different than what it was prior to that fateful day in New York, Washington, D.C., and Shanksville. Think back to getting… Continue Reading
SC Supreme Court Addresses Affidavit Requirement for Medical Malpractice Case
On February 28, 2018, the South Carolina Supreme Court issued its opinion in Eades v. Palmetto Cardiovascular and Thoracics, P.A., et al, Opinion No. 27770. In the opinion, the Court addresses whether an affidavit filed with a Notice of Intent to File Suit (“NOI”) in a medical malpractice case satisfied the statutory requirements of South… Continue Reading
Precious Cargo: Collins & Lacy Calls on Community to Donate Items for Foster Children
[COLUMBIA, S.C. May 2017] – May is National Foster Care Month. To promote awareness, Collins & Lacy, P.C. is again 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, is a… Continue Reading
SPECIAL REPORT: Reservation of Rights
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
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
