The S.C. Supreme Court declined to adopt the doctrine of reasonable expectations within the insurance coverage context in Bell v. Progressive Direct Insurance Co., Op. No. 27381 (S.C. Sup. Ct. filed April 9, 2014). Instead, the court held the doctrine may be used as another interpretive tool, but it does not apply where a contract… Continue Reading
SC Supreme Court Finds Family Member Exclusion in Florida Auto Policy Does Not Violate SC Public Policy
A Florida automobile insurance policy’s family exclusion did not violate South Carolina public policy according to an April 2014 opinion of the South Carolina Supreme Court. In Green v. United States Automobile Association Auto and Property Insurance Company, a motor vehicle accident occurred in South Carolina when a mother was making a left turn at… Continue Reading
Beware of Things that Go Bump in the Night
It is almost Halloween, and chances are your neighborhood will be full of trick-or-treaters going door-to-door filling up their bags with treats of all kinds. Unfortunately, Halloween also is the night for tricks. One particular trick made it all the way to the West Virginia Supreme Court this year in Richard E. Lemaster vs. GEICO… 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
