Robinson v. American General Life Insurance Co. (Lawyers Weekly No. 002-142-14, 5 pp.) (Joseph Anderson Jr., J.) 3:14-cv-01325; D.S.C. Holding: Since plaintiffs’ decedent agreed that insanity could not be used to avoid the suicide exclusion in his life insurance policy, ...Read More »
Insurance – CGL – Landlord/Tenant – Strip Mall – Fitness Center – Tort/Negligence – Personal Injury – Duties to Defend & Indemnify
Starr Indemnity & Liability Co. v. JCW Holdings, LLC (Lawyers Weekly No. 002-134-14, 16 pp.) (R. Bryan Harwell, J.) 4:12-cv-03271; D.S.C. Holding: Even though the same person owns both the defendant-landlord and a tenant-fitness center in the landlord’s strip mall, ...Read More »
Insurance – Supplemental Health – Certified Questions – ‘Actual Charges’ – S.C. Code Ann. § 38-71-242 – Constitutional
Kirven v. Central States Health & Life Co. (Lawyers Weekly No. 010-062-14, 13 pp.) (John Kittredge, J.) On certification from the U.S. District Court for South Carolina. S.C. S. Ct. Holding: Since plaintiff’s supplemental health insurance policy predates the General ...
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Clinton v. American National Property & Casualty Co. (Lawyers Weekly No. 002-125-14, 6 pp.) (Margaret Seymour, Sr. J.) 0:13-cv-01085; D.S.C. Holding: Even though the insurance policy at issue excluded coverage when the Ford F-250 pickup was being “used to carry ...
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Insurance – Auto – UIM – ‘Driver’ & ‘Household Resident’ – Named Insured’s Fiancé – Doctrine of Reasonable Expectations – Common Law Marriage
Bell v. Progressive Direct Insurance Co. (Lawyers Weekly No. 010-041-14, 15 pp.) (Jean Hoefer Toal, Ch.J.) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Horry County Circuit Court (J. Michael Baxley, J.) On writ of ...
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Green v. United States Automobile Association Auto & Property Insurance Co. (Lawyers Weekly No. 010-033-14, 5 pp.) (Jean Hoefer Toal, Ch.J.) Appealed from Beaufort County Circuit Court (Carmen Mullen, J.) S.C .S. Ct. Holding: Since the plaintiff’s wife was the ...Read More »
Insurance – Homeowners – Sexual Assault – Joint Obligations Provision – First Impression – Declaratory Judgment
Allstate Indemnity Co. v. Tilmon (Lawyers Weekly No. 002-070-14, 14 pp.) (J. Michelle Childs, J.) 1:13-cv-00690; D.S.C. Holding: The “joint obligations” provision in plaintiff’s homeowners’ insurance policy makes one insured’s acts binding on the other insureds. Even though defendant Davis ...Read More »
Canopius US Insurance, Inc. v. Keefe (Lawyers Weekly No. 002-050-14, 11 pp.) (R. Bryan Harwell, J.) 4:12-cv-03316; D.S.C. Holding: Where defendant and plaintiff’s policyholder had complementary businesses (i.e. the policyholder had a tree removal service and defendant had a saw ...Read More »
Watson v. Foremost Signature Insurance Co. (Lawyers Weekly No. 002-018-14, 5 pp.) (David C. Norton, J.) 2:13-cv-00301; D.S.C. Holding: Plaintiff has not shown that the defendant-insurer acted in bad faith when it denied her claim for water damage, which she ...Read More »