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Insurance

Sep 30, 2025

Insurance – Automobile Insurance Policy – Named Driver Exclusion

Excluding a 14-year-old from an automobile insurance policy does not violate public policy, and the exclusion can be enforced so long as it complies with the requirements of section 38-77-340. […]

Jul 8, 2025

Insurance – Underinsured Motorist Coverage – Stacking UIM Coverage

Neither South Carolina law nor the terms of the insurance policy entitled the insured to stack coverage. We affirmed. Edward Joseph Walsh, III was riding his lawn mower when he […]

Jun 16, 2025

Insurance – Long-Term Disability Benefits – Limited Medical Conditions

The district court did not err when it determined that Plaintiff did not meet his burden of proving long-term disability under the terms of the plan. We affirmed the district […]

May 28, 2025

Insurance – Insurance Coverage Declarations – Missing Forms

The circuit court did not err in issuing insurance coverage declarations despite a lack of admissible supporting evidence. We affirmed the order of the special circuit court. This was an […]

May 1, 2025

Insurance – Covenant-Not-to-Execute – Pretrial Settlements

Subcontractor is entitled to set off the full amount of the $1,000,000 paid by general contractor’s insurer to a townhome project in exchange for the covenant-not-to-execute. We reversed in part, […]

Mar 31, 2025

Insurance – Policy Provision That Caps Recovery – Ambiguous Provision

The subject policy provision is ambiguous, and the district court erred in concluding otherwise. We reversed the district court’s order granting summary judgment to the insurers and remanded. A company […]

Oct 14, 2024

Insurance – Medicare Act – Arbitration Provision of CIGNA Agreement

The circuit court did not err in denying Providers’ motion to compel arbitration against an Insured under the theory of equitable estoppel, as the Insured did not benefit from the […]

Oct 14, 2024

Insurance – Motions to Compel Arbitration – Provider Agreements

Insureds are equitably estopped from avoiding the arbitration provisions in the Provider Agreements. We reversed the circuit court’s respective orders in two class actions and remanded for orders compelling arbitration […]

Aug 5, 2024

Insurance – Tort Liability Policy – Breach of Contract

The Insurance Reserve Fund did not fail to settle claims within policy limits. We affirmed the circuit court’s order granting summary judgment in favor of the Insurance Reserve Fund. In […]

Aug 5, 2024

Insurance – Notice-Prejudice Rule – Duty to Indemnify

Corporation’s untimely notice was not a material breach of the insurance contract, and therefore the insurer should not be relieved of its duty to indemnify the corporation. We affirmed the […]

Aug 5, 2024

Insurance – Promissory Estoppel – Verbal or Written Statements Made by City Employees

Retired City of Columbia firefighters are not entitled to relief on their claim of promissory estoppel because they had no right to rely on the verbal or written statements made […]

Jul 18, 2024

Insurance – Hawaii Law – Commercial General Liability Coverage

Insurance policies do not unambiguously limit commercial general liability coverage to the named insured’s Hawaii operations. Also, an insurance company cannot disclaim a duty to defend when the third-party complaint […]


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