It’s been nearly two years to the day since we published an article regarding the South Carolina Court of Appeals’ decision to hold that the statute governing punitive damages caps was an affirmative defense, and failure to plead the same in a defendant’s Answer waived all rights to have punitive damages capped by the applicable… Continue Reading
Limitations on Punitive Damages Limits
In a published 2-1 opinion, the South Carolina Court of Appeals recently held that where a national corporation failed to assert the punitive damages caps articulated in Section 15-32-530 as an affirmative defense, the defense was waived. As a result, the Court of Appeal upheld a 45:1 ratio punitive damages to compensatory damages award. In… 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
