Insurers and insureds have occasion to dispute whether lawsuits between them are subject to arbitration clauses in insurance policies. While Landers v. FDIC did not involve an insurance policy, the South Carolina Supreme Court’s holding that an employee’s breach of contract claim and related tort claims were all within the scope of an arbitration clause… 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
No Coverage for Tearing Down Barn Apartment that Violated Building Code
UPDATE as of July 31, 2014: On December 12, 2012, the plaintiffs petitioned the South Carolina Supreme Court to issue a writ of certiorari. The Supreme Court granted certiorari on June 25, 2014. Accordingly, this decision may be modified or reversed in the future. The South Carolina Court of Appeals recently held that a general… Continue Reading
S.C. Supreme Court Rules on Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence”
S.C. Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence” Held Constitutional; Retroactive Application of Statute Held Unconstitutional In a recent decision, Harleysville Mutual Insurance Co. v. South Carolina, (Opinion 27189, Nov. 21, 2012), the South Carolina Supreme Court held S.C. Code § 38-61-70,[http://www.scstatehouse.gov/sess119_2011-2012/bills/431.htm] which addresses the definition of “occurrence” in commercial general… Continue Reading
S.C. Supreme Court Holds Damages Arising Out of Title Insurance Suit Are to Be Measured From the Date of the Property’s Purchase
On September 12, 2012, the South Carolina Supreme Court, on certification from the U.S. District Court for the District of South Carolina, held the insured’s damages arising out of a title insurance suit should be measured as of the date of the insured’s purchase of the property. In Whitlock v. Stewart Title Guarantee Company[l1] , the… Continue Reading
Attorney Pete Dworjanyn to Speak at Primerus Defense Institute Seminar on Insurance Coverage and Bad Faith
Pete Dworjanyn Collins & Lacy attorney and Insurance Practice Group Chair Pete Dworjanyn will speak this week at the 2012 Primerus Defense Institute (PDI) Seminar on Insurance Coverage and Bad Faith. The seminar is September 20-21, 2012 in Chicago, Illinois. Alongside Kansas City, Missouri attorney Clay Crawford, Pete will discuss “Recognizing the Red Flags of… Continue Reading
Directors and Officers Insurers Win Summary Judgment on Specific Litigation Exclusion
Post by Pete Dworjanyn Directors and Officers policies are typically claims-made policies which attempt to exclude coverage for wrongful acts which occur after the inception of the policy but arise from a nucleus of facts which preceded the inception of the policy. As a result, questions as to whether later acts are “interrelated” with prior… Continue Reading
Nationwide Mutual Ins. Co. v. Rhoden, Arrieta and Dickey
In a 3-2 decision, the South Carolina Supreme Court has concluded that public policy is offended by a portability limitation clause which purports to prevent non-resident relatives from importing UIM coverage from an at-home vehicle’s policy when the involved vehicle lacks UIM coverage. Nationwide Mutual Insurance Company v. Rhoden, Arrieta and Dickey (Op. No. 27131,… Continue Reading
Boyd v. Liberty Life and SelectQuote
The South Carolina Court of Appeals has concluded that an authorization to an insurance company to draft premium amounts from a checking account was insufficient consideration to form a contract for life insurance. Boyd v. Liberty Life Insurance Company and SelectQuote Insurance Services (Ct. App. Op. 4985, June 13, 2012) selectquote life insurance SelectQuote is… Continue Reading
Collins & Lacy to Present CLE "Managing Your Risks: A 2012 Perspective on Business, Social Media & Litigation Risks" to Association of Corporate Counsel
Post by Pete Dworjanyn In June, I will be part of the Collins & Lacy team presenting a Continuing Legal Education (CLE) to the Association of Corporate Counsel entitled “Managing Your Risks: A 2012 Perspective on Business, Social Media and Litigation Risks.” The presentation is Thursday, June 7, 2012 from 2:00 p.m. to 5:00 p.m. at… Continue Reading
