South Carolina Lawyers Weekly

The plaintiff-passenger was injured when, while she was riding in her co-worker’s car in the course of their employment, the co-worker negligently caused an accident. The Workers’ Compensation Act prevents plaintiff from obtaining a judgment against the co-worker, so plaintiff ...

Tagged with: Insurance

Because the petitioner-insurer’s auto policy is ambiguous as to whether or not a rental vehicle – when it temporarily replaces an owned vehicle – is considered an owned vehicle, we construe the policy against the drafter and conclude that the ...

Tagged with: Insurance

Even though defendant and the decedent were divorced before the enactment of S.C. Code Ann. § 62-2-507, since the decedent died after the statute’s enactment, the statute applies to revoke his designation of defendant as the beneficiary of his life ...

Tagged with: Insurance

Where the driver of one vehicle shot and killed the driver of another vehicle, the injury was not foreseeably identifiable with the normal use of the shooter’s vehicle; furthermore, the shooting was an independent act which broke any chain of ...

Tagged with: Insurance

In the parties’ commercial property insurance policy, coverage for a business interruption loss is triggered by “direct physical loss or damage.” The policy does not define this phrase, so we give the words of the phrase their ordinary meanings and ...

Tagged with: Insurance

Because the covered “occurrence” had already happened when an insured assigned its rights under its expired commercial liability policies to its successor in interest, pursuant to the post-loss exception, now adopted by this court, the insurers’ consent was not required ...

Where a West Virginia business closed two of its art studio locations because of the governor’s COVID-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

A South Carolina-resident Navy sailor was temporarily in California on his way to deployment in Guam when he bought insurance for the Kia he took with him to Guam. While he was in Guam, his wife and children, who had ...

The complaint in the underlying action—alleging Philip Riley was exposed to chromated copper arsenate (CCA)—indicated that Riley had been exposed in an occupational context. Riley was born on December 27, 1978, and the defendant-insurer’s policy was in effect from January ...

Where UnitedHealthcare failed to provide documents requested by a father who sought payments for services provided to his minor son on the basis the documents were HIPPA-protected, but some were not HIPPA protected, the father had a right to obtain ...