The latest, from the Attorneys Who Know
The Eras Effect: Exploring the New Economic Realities Created by Taylor Swift’s Record-Breaking Tour
By Christian Stegmaier
Introduction It’s no exaggeration: The Taylor Swift Eras Tour has arguably shaped a new economic reality, fueled by a perfect storm of consumer psychology, where desires, social influences, and attitudes seemingly detached from traditional rationality converge to create something unprecedented...
The Eras Effect: Exploring the New Economic Realities Created by Taylor Swift’s Record-Breaking Tour
By Christian Stegmaier
November 5, 2024Introduction It’s no exaggeration: The Taylor Swift Eras Tour has arguably shaped a new economic reality, fueled by a perfect storm of consumer psychology, where desires, social influences, and attitudes seemingly detached from traditional rationality converge to create something unprecedented...
The Economic Dance of Pricing Claims: Recalibration and Reconciliation in Mediation
By Christian Stegmaier
October 30, 2024In mediation, each side comes armed with a valuation—a numerical expression of what they believe the case is worth. Each party assigns a value based on their own analysis, their own risk tolerance, and the variables they believe relate to...
The Spillover of Post-Truth Politics into Personal Injury Litigation: A Call for Commitment to the Rule of Law
By Christian Stegmaier
October 24, 2024In recent years, we’ve witnessed the rise of what is now commonly referred to as “post-truth politics”—a world where emotions, personal beliefs, and “alternative facts” seem to hold more weight than objective truth. While much of this trend has played...
As a lawyer seeking to build a practice and book of business, a key focus of yours should be developing deep knowledge and prowess in a specific area of law. By concentrating on a particular field, you not only become...
Collins & Lacy President Christian Stegmaier was recently interviewed about liquor liability claims in South Carolina for the below article by Jennifer Mandato, originally published in Law360. --- June 6, 2024 As the South Carolina General Assembly returned to session...
Small Talk with Big Consequences: The Supreme Court of South Carolina Reverses a Greenville Man’s Conviction Based on Asking Questions
By Michael Bunda
May 31, 2024“The facts of this case are appalling and tempt us to eschew restraint.” — Justice Few Two Greenville County deputies tased, tackled, and arrested Thomas Jones because he asked two questions. In July 2018, Jones’ friend had been pulled over...
In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...
Court Rules Principal Can be Subject to Liability in Independent Contractor Relationship
By Kelsey Brudvig
June 21, 2023Are you a company that utilizes independent contractors in your operations? The South Carolina Supreme Court now says you may be held liable in the negligent selection of your independent contractor. On June 21, 2023, the South Carolina Supreme Court...
In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...
Collins & Lacy President Christian Stegmaier was recently interviewed about liquor liability claims in South Carolina for the below article by Jennifer Mandato, originally published in Law360. --- June 6, 2024 As the South Carolina General Assembly returned to session...
The Rise, Fall, and Potential Resurgence of WeWork: Navigating the Co-Working Sector Landscape as a Whole in the Future
By Christian Stegmaier
November 9, 2023WeWork, the once-high-flying co-working company that was once valued at $47 billion, has filed for Chapter 11 bankruptcy protection, marking a dramatic end to a chapter in one of Silicon Valley's once most promising (and curious) startups. The company's fall...
In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...
ADA Compliance for Restaurant Websites: How to Make Your PDFs Accessible to All
By Christian Stegmaier
May 22, 2023How to make your restaurant website accessible to individual with disabilities. The importance of ADA compliance in the digital space has grown in recent years, as more and more people rely on the internet for information and services. For restaurant...
The Third Space: A New Frontier for Bias-Related Claims in Retail & Hospitality
By Christian Stegmaier
May 15, 2023What Is Third Space? The term "Third Space" refers to a hybrid space that combines elements of the first two spaces (home and work) to create a third space that is neither home nor work but is a place where...
As law enforcement in the 2020's focuses on the rise in drug trafficking and other offenses, criminal organizations have increasingly turned to retail crime to generate illicit profits by using internet-based tools to steal merchandise, sell stolen goods, and move...
In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...
Court Rules Principal Can be Subject to Liability in Independent Contractor Relationship
By Kelsey Brudvig
June 21, 2023Are you a company that utilizes independent contractors in your operations? The South Carolina Supreme Court now says you may be held liable in the negligent selection of your independent contractor. On June 21, 2023, the South Carolina Supreme Court...
Pursuit of Summary Judgment in Vicarious Liability Claims Premised Upon Intentional Act of an Employee Criminal In Nature
By Christian Stegmaier
December 4, 2019Here’s the scenario: An employee commits an intentional act that is criminal in nature while on the clock. A third party is injured by this act. The employer is sued based on a theory of vicarious liability. The act was...
Attorneys here at Collins & Lacy act as defense counsel. That means we represent individuals and businesses who have been sued. More often than you may think, we have a hard time finding a person who is being sued. Last...
Court holds plaintiffs must prove three types of commonality Liability of a successor entity under South Carolina’s “mere continuation” rule continues to require commonality of ownership. However, the door may have been opened for successor liability in the absence of...
South Carolina Supreme Court Rules on Automobile Insurance Policy Question
By Kelsey Brudvig
August 8, 2018South 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...
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...
Insurer Held to Have Duty to Defend Allegations that Patients’ Medical Records Were Accessible Via Google Search
By Joel Collins
June 14, 2016The Fourth Circuit Court of Appeals recently held that an insurer had a duty to defend an insured against class action allegations that the insured posted confidential medical records on the Internet. Two patients at Glen Falls Hospital discovered that...
The South Carolina Court of Appeals has concluded that notice of cancellation of a homeowner’s insurance policy is controlled by S.C. Code § 38-75-1160, not the more general § 38-75-740, and that the mortgage holder was not the homeowner’s agent...
Professional Liability Policy Provides Coverage for Innocent Co-Insureds
By Kelsey Brudvig
May 24, 2016In 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...
Employee Exclusion Applies to Independent Contractor Truck Driver
By Claude Prevost
December 15, 2015An auto insurer had no duty to defend a trucking company against an injured driver’s claim because the insurance policy excluded claims by “employees,” notwithstanding that the driver was technically an independent contractor. Progressive Mountain Ins. v. Madd Transp. LLC,...
ONE BUSINESS DAY DELAY IN DELIVERING SETTLEMENT CHECK COSTS INSURER $1.1 MILLION
By Kelsey Brudvig
August 19, 2015A South Carolina federal district court judge has ordered that Nationwide must pay an accident victim $1.1 million, in excess of the $50,000 Nationwide policy, as a result of Nationwide’s failure to timely respond to a time-limited settlement demand. Urena...
Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?
By Joel Collins
May 28, 2015Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault driver’s liability limits,...
South Carolina Law Does Not Permit an Insurer to Seek Contribution for Defense Costs from a Co-Insurer
By Joel Collins
April 28, 2015An insurer cannot require contribution from a co-insurer for the expenses of an insured’s defense where one insurer denies liability and the other refuses to defend, according to a recent opinion of the Fourth Circuit Court of Appeals, affirming a...
4th Circuit Finds Insurer Was Not Required to Provide Notice Prior to Cancelling Life Insurance Policy for Unpaid Premium
By Joel Collins
April 10, 2015An insured’s failure to make payments on his life insurance policy led it to lapse before his death according to Fourth Circuit Court of Appeals in Wactor v. Jackson National Life Insurance Co., No. 13-2367, 2015 WL 1020653 (4th Cir....
Auto Coverage for UberX Drivers Meets SC Requirements According to SCDOI
By Joel Collins
November 4, 2014UberX may have passed one of the primary roadblocks to its business operations in South Carolina – meeting the state’s insurance requirements. In July 2014, UberX, a ridesharing service, expanded into South Carolina, offering transportation in four of the state’s...
In a Case of First Impression, District Court Finds an Insurer May Not Seek a Declaration as to Another Insurer’s Duty to Defend
By Joel Collins
August 18, 2014An insurance company may not seek to require another insurer to defend its insured via declaratory judgment according to the United States District Court for the District of South Carolina in Auto-Owners Insurance Company v. Travelers Casualty and Surety Company...
Judgment Against Insurer For Fire Loss Reversed Due To Admission Of Opinion Testimony Of Non-Expert Volunteer Fire Chief
By Kelsey Brudvig
August 12, 2014The S.C. Court of Appeals reversed and remanded a half million dollar verdict against a homeowner’s insurance company because the fire chief was allowed to testify regarding his opinion on causation. Fowler v. Nationwide Mutual Fire Ins. Co., Op. No....
“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall
By Kelsey Brudvig
July 31, 2014The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co.,...
Eleventh Circuit Rejects Excess Insurers Bad Faith Claim Against Primary Insurer Due to Lack of Damages Causation
By Kelsey Brudvig
June 30, 2014The Eleventh Circuit Court of Appeals reversed a Florida district court’s award of damages to the excess insurer on the ground that the excess insurer failed to prove the primary insurer’s alleged bad faith had caused the excess insurer damages....
S.C. Supreme Court Rejects Reasonable Expectations Doctrine as a Substantive Right
By Kelsey Brudvig
April 28, 2014The 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...
SC Supreme Court Finds Family Member Exclusion in Florida Auto Policy Does Not Violate SC Public Policy
By Collins & Lacy, P.C.
April 8, 2014A 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...
4th Circuit Holds Insurer Not Equitably Estopped From Denying Coverage
By Kelsey Brudvig
April 1, 2014In an unpublished opinion, the 4th Circuit Court of Appeals reversed a South Carolina District Court judge’s finding that an insurer was equitably estopped from denying coverage to a new owner of the insured business for a wrongful death claim....
A medical equipment provider sued an insurer to recover assigned first-party no-fault benefits. The insurer appealed from an order denied its cross-motion for summary judgment. The order was essentially affirmed. However the court, on its own motion, ordered the plaintiff’s...
S.C. Supreme Court Finds CGL Policy Excludes Coverage Where Subcontractor Damages Insured’s Completed Work
By Collins & Lacy, P.C.
October 29, 2013A Commercial General Liability (CGL) policy did not provide coverage when a brick face was damaged by improper cleaning after the insured completed its installation according to a recent opinion of the South Carolina Supreme Court. Finding exclusions j.(5) and...
Lawsuit Alleging Pharmaceutical Distributor’s Involvement in “Pill Mill” Activities Triggers GL Policy’s Defense Obligation
By Kelsey Brudvig
October 24, 2013In Liberty Mutual Fire Insurance Company v. J M smith Corporation, No. 7:12-2824-TMC, 2013 WL 5372768 (D.S.C.), Liberty Mutual filed a declaratory judgment action against its insured in South Carolina Federal Court. The suit sought a finding that the State of...
S.C. Supreme Court Reverses S.C. Court of Appeals; Holds Methamphetamine Is Not a Narcotic The plain and ordinary meaning of narcotic in an insurance policy does not include methamphetamine according to a June 12, 2013 opinion of the S.C. Supreme...
A title insurance company busted in its attempt to recover losses stemming from thefts to support a gambling problem inProctor v.Whitlark and Whitlark, Inc., App. Case No. 2012-205510, 2013 WL 2017335 (S.C. Ct. App. May 15, 2013). Post by Peter...
S.C. Court of Appeals Finds D&O Endorsement Excludes Coverage for Defective Construction Claims
By Collins & Lacy, P.C.
May 10, 2013A D&O endorsement excluded coverage for claims alleging damage to other property as a result of defective design or construction. According to a May 8, 2013 opinion of the S.C. Court of Appeals, coverage for allegations against the insured for breach...
The Fourth Circuit has affirmed a Virginia district court’s decision, finding the conviction of an insured in an underlying criminal case ended an insurer’s obligation to pay defense costs pursuant to a D&O policy. Farkas v. Nat’l Union Fire Ins....
S.C. Supreme Court Holds Limit of Liability Provision Is Neither Unconscionable nor Against Public Policy
By Collins & Lacy, P.C.
April 9, 2013Contractual limitation of a home inspector’s liability does not violate South Carolina public policy and, as a matter of law, is not unconscionable, according to a March 2013 opinion of the S.C. Supreme Court. Finding such limit of liability clauses...
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...
4th Circuit Rules Attorney Fees may be included in the Controversy Calculation
By Kelsey Brudvig
March 28, 2013Fourth 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...
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...
4th Circuit Finds Municipal Tax on Flood Insurance Premiums Barred by Doctrine of Sovereign Immunity
By Collins & Lacy, P.C.
March 7, 2013South 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,...
S.C. Court Finds Insufficient Proof in Life Insurance Fraud Case
By Collins & Lacy, P.C.
February 1, 2013S.C. Court of Appeals says Jury Could Conclude Insured Did Not Make Misrepresentations on Life Insurance Application With Fraudulent Intent In a recent opinion, the South Carolina Court of Appeals found a jury could reasonably conclude a life insurance company insurer was...
Maximizing Subrogation Claims: A Little Work Upfront Can Pay Off in the End
By Collins & Lacy, P.C.
January 7, 2013Post by Lee Floyd Two key goals in subrogation are attaining swift resolution of the claim and avoiding unnecessary activities before and during the lawsuit. Doing this can minimize the effort before a lawsuit is filed so that the claim can...
Fourth Circuit Rules on Insurance Issues Arising out of Duke Lacrosse Controversy
By Collins & Lacy, P.C.
December 28, 2012Finds 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...
No Coverage for Tearing Down Barn Apartment that Violated Building Code
By Kelsey Brudvig
December 18, 2012UPDATE 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...
S.C. Supreme Court Rules on Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence”
By Kelsey Brudvig
December 6, 2012S.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...
Let’s Talk Turkey. How Does One Determine the Value of a Burnt Bird?
By Collins & Lacy, P.C.
November 19, 2012Photo by StockVault As you are preparing for Thanksgiving and worrying you will accidentally burn the 15 pounds of turkey you have spent hours dressing, just remember, it could be worse. You could burn four million pounds of turkey. That’s...
Governor Appoints New Director of South Carolina Department of Insurance
By Collins & Lacy, P.C.
November 14, 2012Governor Nikki Haley has named Ray Farmer as the new director of the South Carolina Department of Insurance. Farmer takes over on December 3, 2012 after retiring as Southeast vice president of the American Insurance Association. Governor Haley made the announcement yesterday,...
Homeowners in Lake Tomahawk, Wisconsin walked in to their house one day to find an “offensive odor emanating from the home.” The cause of the odor was bat guano that had accumulated between the home’s siding and walls, making “the...
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...
Fourth Circuit Holds Conversion Exclusion Does Not Bar Coverage to Loss Payee
By Collins & Lacy, P.C.
October 8, 2012Finds Conversion Exclusion Does Not Exclude Coverage to Loss Payee When the Loss Resulted From Primary Insured’s Intentional Burning of Insured Trucks On October 4, 2012, in an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit affirmed...
S.C. Supreme Court Holds Damages Arising Out of Title Insurance Suit Are to Be Measured From the Date of the Property’s Purchase
By Kelsey Brudvig
September 26, 2012On 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...
Attorney Pete Dworjanyn to Speak at Primerus Defense Institute Seminar on Insurance Coverage and Bad Faith
By Collins & Lacy, P.C.
September 20, 2012Pete 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....
S.C. District Court Finds E&O Endorsement Does Not Provide Coverage for Insured’s Alleged Collection of Illegal Fees
By Collins & Lacy, P.C.
September 18, 2012S.C. District Court Finds Insured Car Dealer’s Alleged Violation of S.C. Code §§ 56-15-10 to 600 and S.C. Code § 37-2-307 Not Covered Under Truth in Lending or Leasing Provision of E&O Endorsement On September 10, 2012, the United...
The South Carolina Physicians' Patient Records Act provides SECTION 44-115-120: Length of time records must be kept; records pertaining to minors. It details the length of time records must be kept. Here is a refresher on the rules of the Act....
Court holds duty to pay not triggered where liability insured not liable to a 3rd party
By Collins & Lacy, P.C.
August 7, 2012S.C. Appellate Court Holds Insurer’s Duty to Pay Not Triggered Where Insured as to Liability Coverage Not Liable to a Third Party On August 1, 2012, the South Carolina Court of Appeals affirmed the decision of the trial court, holding...
Directors and Officers Insurers Win Summary Judgment on Specific Litigation Exclusion
By Collins & Lacy, P.C.
July 26, 2012Post 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...
Fireworks on the Fourth of July Lead to a Dispute Regarding a Landlord and Its Insurers’ Right of Action Against a Tenant
By Collins & Lacy, P.C.
July 2, 2012The 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...
Fourth Circuit Rules in Favor of Insurer That Refused to Defend or Indemnify Trucker
By Collins & Lacy, P.C.
June 28, 2012Finds “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...
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...
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...
In the 35 years I’ve been practicing law, mediation has dramatically changed the number of critical cases tried to a jury conclusion. In South Carolina, mediation has become almost a center point of trial practice. In my home town of...
A Charleston grocery store prevailed in a recent ruling involving a coverage dispute after a shooting in the store. In Pennsylvania National Mutual Casualty Insurance Company v. DOSCHER'S SUPER MARKETS, Dist. Court, D. South Carolina 2012, Anita Thorne, as Guardian...
Jessco, Inc. v. Builders Mutual Insurance Co.: Part II – Appellate Attorney’s Fees and Costs
By Collins & Lacy, P.C.
May 29, 2012Here is Part II of our blog series regarding Jessco, Inc. v. Builders Mutual Insurance Co. You can read Part I here, which details a recent opinion of the United States Court of Appeals for the Fourth Circuit that addresses...
Jessco, Inc. v. Builders Mutual Insurance Co: Part 1 – “Your Work,” Late Notice, and the Duty to Indemnify
By Collins & Lacy, P.C.
May 24, 2012A 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...
Collins & Lacy to Present CLE "Managing Your Risks: A 2012 Perspective on Business, Social Media & Litigation Risks" to Association of Corporate Counsel
By Kelsey Brudvig
May 23, 2012Post 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...
Sometime ago, I wrote a blog article on the new Code Section 38-77-250, which requires automobile insurance companies to disclose, prior to suit, the limits of coverage pursuant to specific requests. Since then, I have had a number of inquiries...
Collins & Lacy wins motion to dismiss crossclaim, Opinion published in SC Lawyers Weekly
By Collins & Lacy, P.C.
April 25, 2012On April 17, 2012, in Barber v. American Family Home Insurance Co., the United States District Court for the District of South Carolina, inter alia, granted the cross-defendant’s motion to dismiss crossclaims. The subject of the amended complaint and counterclaim...
Insured’s Participation in Investment Scheme Triggers Business Enterprise Exclusion
By Collins & Lacy, P.C.
April 5, 2012Fourth Circuit Finds Insured’s Participation in Investment Scheme Triggers Business Enterprise Exclusion Under Professional Liability Policy On March 29, 2012, in an unpublished opinion, the United States Court of Appeals for the Fourth Circuit affirmed the judgment of the Eastern...
Subrogation in South Carolina Part II: Proper Parties to the Action
By Collins & Lacy, P.C.
March 29, 2012Subrogation in South Carolina Series: Part II Post by Lee Floyd An initial question when evaluating and bringing a subrogation claim is who are the proper parties to identify as bringing suit? While ordinarily a fairly simple question in most...
Lee Floyd South Carolina law recognizes the doctrine of subrogation in the context of insurance as permitting an insurer to recover amounts it has paid for loss by bringing an action against the tortfeasor(s) whose wrongful act caused the loss.[1] At...
Fourth Circuit Rules that FLSA Claims Constitute “Wrongful Act” Under CGL Policy
By Collins & Lacy, P.C.
March 2, 2012In a decision published February 24, 2012, the United States Court of Appeals for the Fourth Circuit held that an insured’s violation of the Fair Labor Standards Act (“FLSA”) constituted a “wrongful act” under the terms of the defendant school...
Fourth Circuit Declines to Apply Tort Doctrine to Insurance Contract
By Collins & Lacy, P.C.
February 8, 2012Last Friday, February 3, 2012, the United States Court of Appeals for the Fourth Circuit [1] filed its opinion in Pennsylvania National Mutual Casualty Insurance Company v. Roberts, in which the Court declined to apply the tort doctrine of “joint...
With the growing use of golf carts outside the boundaries of golf courses, it is worth some discussion about whether a golf cart is a motor vehicle. If it is, could it be an “uninsured motor vehicle” under an automobile insurance policy...
Fourth Circuit Rules in Favor of Insurer That Refused to Defend Inmate
By Collins & Lacy, P.C.
January 27, 2012Fourth Circuit Rules in Favor of Insurer That Refused to Defend Inmate Finds Inmate Is Not Covered as a “Volunteer Worker” On January 20, 2012, in an unpublished opinion, the United States Court of Appeals for the Fourth Circuit ruled...
Law gives plaintiffs right to know details of defendant’s insurance coverage
By Collins & Lacy, P.C.
January 23, 2012The homepage of SC Lawyers Weekly today has an article relating to Collins & Lacy attorney Jack Griffeth's recent post about a little-known element of the newly-enacted South Carolina Fairness in Civil Justice Act of 2011, which became effective January...
Make it Meaningful – 4th Circuit Court Rules on Underinsured Motorist Coverage
By Collins & Lacy, P.C.
January 20, 2012We handle a fair amount of litigation involving Undersinsured Motorist Coverage (UIM). Occasionally, we see the "buyer's remorse" theme. A motorist is injured due to fault of another, and the motorist's loss is not adequately compensated by the at-fault party's bodily injury liability policy. The motorist, having remorse over his failure...
Director of South Carolina Department of Insurance Resigns; New Acting Director Appointed
By Collins & Lacy, P.C.
January 6, 2012On December 28, 2011, David Black resigned as director of the South Carolina Department of Insurance. Governor Nikki Haley had nominated Black to the position 11 months earlier. His appointment was confirmed by the South Carolina Senate in February 2011....
The new year brings new changes regarding punitive damages. Effective January 1, 2012, there are significant changes to the law concerning punitive damage awards in South Carolina. The changes are a result of the South Carolina Fairness in Civil Justice...
Fourth Cir. Denies Coverage Based on Insurance and Related Work Exclusion
By Kelsey Brudvig
December 29, 2011The Fourth Circuit Court of Appeals recently affirmed a South Carolina District Court judge’s grant of summary judgment to an insurer based on an endorsement excluding coverage for any obligation assumed in connection with an insurance contract or treaty, or...
A Burning Need: Pay Attention to Insurance Coverage Policy Terms
By Collins & Lacy, P.C.
December 8, 2011I read an interesting article in the Wall Street Journal Law Blog, “No Fire Fee? Let Your House Burn!" about a fire department in South Fulton, Tennessee that watched a house burn because the owners had not paid a $75.00...
Suit Against Insurer Must be Served through South Carolina Department of Insurance
By Kelsey Brudvig
November 22, 2011The South Carolina Court of Appeals has issued an opinion that lawsuits against insurance companies in South Carolina must be served through the South Carolina Department of Insurance. The opinion was premised on two code sections. S.C. Code § 38-5-70...
Fourth Circuit Holds Prior Knowledge Provision Is Condition Precedent to Coverage
By Collins & Lacy, P.C.
November 15, 2011On September 6, 2011, the United States Court of Appeals for the Fourth Circuit amended its March 24, 2011 opinion in Bryan Brothers, Inc. v. Continental Casualty Co., which held that the prior knowledge provision in a policy is a...
The Transference Phenomenon: Sexual Misconduct & Healthcare Professional Liability Coverage
By Collins & Lacy, P.C.
November 8, 2011Post by Lee Floyd At first blush, it might not seem that a healthcare professional liability insurance policy would cover injuries due to alleged sexual misconduct by a healthcare professional. Instead, one might assume such conduct would not be considered...
PART II: Courts struggle with Whether Global Warming is “Natural and Probable”
By Collins & Lacy, P.C.
October 27, 2011Last time, we discussed The AES Corporation v. Steadfast Insurance Company, a recent Virginia case where the growing trend of climate change nuisance cases intersected with the world of insurance coverage law. Critical to the coverage analysis was whether the...
Courts struggle with Whether Global Warming is “Natural and Probable” – Part 1
By Collins & Lacy, P.C.
October 24, 2011An environmental case that started in an Alaskan fishing village of less than two square miles and less than 400 residents landed in the Supreme Court of Virginia. That court issued an opinion that could impact the growing trend of climate change...
Post by Lee Floy Hello all! I'm Lee Floyd, a self-admitted sports junkie who practices law at the Collins & Lacy Columbia office. When I'm not wake boarding or playing golf in my spare time, I'm enjoying the company of...
Production of Adjuster Personnel Files in Insurance Litigation
By Collins & Lacy, P.C.
October 7, 2011It is well known that discovery can be one of the most expensive and time-consuming parts of the litigation process. Often, an insurer is faced with requests for sensitive material that seem to test the limits of the Federal Rules’...
South Carolina Enacts Tort Reform Placing Limits on Punitive Damage Awards
By Collins & Lacy, P.C.
September 28, 2011Greetings from Greenville, S.C.! On June 14, 2011, the South Carolina Fairness in Civil Justice Act of 2011 was signed into law. The Act will become effective on January 1, 2012, making significant changes to the law concerning punitive damage...
South Carolina Supreme Court Decision Analyzes Insurance Coverage for Progressive Damage Cases
By Kelsey Brudvig
September 26, 2011Post by Pete Dworjanyn The South Carolina Supreme Court has issued an opinion holding that defective construction resulting in property damage to non-defective components may be covered by a general liability policy. On August 22, 2011, the court withdrew its...
Greetings! Welcome to the South Carolina Insurance Law Blog. Our goal is to provide you with timely information and updates on legal issues related to the practice of insurance coverage. We look forward to sharing out thoughts with you, and...
With the holidays upcoming, everyone is certain to have a favorite tradition. From wrapping presents to the tunes of Bing Crosby’s Christmas album, to waking up on January 1st feeling like your brain lost a fight with King Kong, the...
In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...
Small Talk with Big Consequences: The Supreme Court of South Carolina Reverses a Greenville Man’s Conviction Based on Asking Questions
By Michael Bunda
May 31, 2024“The facts of this case are appalling and tempt us to eschew restraint.” — Justice Few Two Greenville County deputies tased, tackled, and arrested Thomas Jones because he asked two questions. In July 2018, Jones’ friend had been pulled over...