The Fourth Circuit Court of Appeals recently issued an unpublished opinion that highlights the tremendous impact the credibility of witness testimony can have on the outcome of a jury trial.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
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
4th Circuit Finds Retired Insured Is Not Entitled to Benefits Under Disability Policy
Retired Insured Was Not Regularly Engaged in Occupation for Gain or Profit A disability income policy does not provide benefits to someone already retired, according to a July 2013, unpublished opinion of the Fourth Circuit Court of Appeals. Finding the policy definitions of “your regular occupation” and “total disability” were unambiguous, the Fourth Circuit affirmed… Continue Reading
4th Circuit Rules Attorney Fees may be included in the Controversy Calculation
Fourth Circuit Rules in Favor of Insurer, Finding Attorney Fees Incurred in DJ Action May Be Considered in Determining Controversy Amount Calculation of the amount in controversy was at issue in a recent Fourth Circuit ruling. According to the March 2013 opinion in Francis v. Allstate Insurance Co., an insured’s prospective attorney’s fees incurred in the litigation of the declaratory… Continue Reading
Number of Occurrences addressed in Surgical Tools Snafu
If you are going into surgery, you probably have some concerns, but you may not have thought to worry about whether the surgical instruments had been washed in elevator hydraulic fluid rather than proper surgical detergents and lubricants. An interesting case from the U.S. Court of Appeals for the 4th Circuit, Mitsui Sumitomo Insurance Company of America… Continue Reading
4th Circuit Finds Municipal Tax on Flood Insurance Premiums Barred by Doctrine of Sovereign Immunity
South Carolina municipalities are not entitled to assess municipal business license taxes based on, or measured by, the total flood insurance premiums collected in the particular municipality by insurance companies under an arrangement with FEMA, according to a March 1, 2013 opinion of the Fourth Circuit Court of Appeals. Finding the taxes contravened the principles… Continue Reading
Fourth Circuit Rules on Insurance Issues Arising out of Duke Lacrosse Controversy
Finds City Did Not Waive Governmental Immunity by Purchasing Liability Insurance Policies In a December 17, 2012 opinion, the U.S. Court of Appeals for the Fourth Circuit found the City of Durham did not waive its governmental immunity by purchasing liability insurance, thereby reversing a decision of the U.S. District Court for the Middle District… Continue Reading
Fireworks on the Fourth of July Lead to a Dispute Regarding a Landlord and Its Insurers’ Right of Action Against a Tenant
The Fourth of July is fast approaching, and so our thoughts turn to fun, freedom, and of course, fireworks. With that in mind, this post discusses a 2002 opinion of the United States Court of Appeals for the Fourth Circuit in which the court found that (1) S.C. Code Ann. § 38-75-60 did not bar… Continue Reading
Fourth Circuit Rules in Favor of Insurer That Refused to Defend or Indemnify Trucker
Finds “Business Use” Exception to the Policy Applies to Bar Coverage for Accident While Under Dispatch On June 27, 2012, in an unpublished opinion, the United States Court of Appeals for the Fourth Circuit ruled in favor of an insurer that refused to defend or indemnify a trucker based on the commercial auto insurance policy’s… Continue Reading
Jessco, Inc. v. Builders Mutual Insurance Co: Part 1 – “Your Work,” Late Notice, and the Duty to Indemnify
A recent opinion of the United State Court of Appeals for the Fourth Circuit addressed a multitude of issues presented in litigation involving commercial general liability policies – the “your work” exclusion, late notice, and the duty to indemnify. On March 29, 2012, in Jessco, Inc. v. Builders Mutual Insurance Co., the Fourth Circuit affirmed… Continue Reading
