South Carolina Lawyers Weekly

Jordan v. Doe (Lawyers Weekly No. 011-086-17, 7 pp.) (James Lockemy, C.J.) Appealed from Richland County Circuit Court (W. Jeffrey Young, J.) S.C. App. Holding: S.C. Code Ann. § 38-77-170(3) only requires that a party injured by an unidentified driver ...

Tagged with: Auto

Trustgard Insurance Co. v. Brown (Lawyers Weekly No. 002-211-17, 10 pp.) (J. Michelle Childs, J.) 3:17-cv-00807; D.S.C. Holding: Defendant Collins was injured in an accident involving a truck towing a trailer. Although neither defendant Brown nor his covered vehicle was ...

Tagged with: Auto

Cothran v. State Farm Mutual Automobile Insurance Co. (Lawyers Weekly No. 011-079-17, 10 pp.) (Paula Thomas, J.) Appealed from Spartanburg County Circuit Court (L. Casey Manning, J.) S.C. App. Holding: Despite language in S.C. Code Ann. § 38-77-144 appearing to ...

Tagged with: Auto

Universal North America Insurance Co. v. Bower (Lawyers Weekly No. 002-187-17, 13 pp.) (David Norton, J.) 2:16-cv-00693; D.S.C. Holding: There are differing accounts as to whether the insured homeowners’ golf cart tipped over when it hit the curb of a ...

Tagged with: Homeowners

Moultrie v. Progressive Direct Insurance Co. (Lawyers Weekly No. 002-178-17, 12 pp.) (David Norton, J.) 2:16-cv-03174; D.S.C. Holding: The parties dispute whether plaintiff electronically signed the underinsured motorist coverage provision of defendant’s online insurance application. Plaintiff’s reliance on disputed screenshots ...

Tagged with: UIM

State Farm Life Insurance Co. v. Murphy (Lawyers Weekly No. 002-176-17, 13 pp.) (David Norton, J.) 2:15-cv-04793; D.S.C. Holding: When a family court judge issued a “final order” in August 2010 approving the parties’ separation agreement – which required each ...

Tagged with: Domestic Relations

Smoak v. Cangialosi (Lawyers Weekly No. 002-173-17, 6 pp.) (Richard Mark Gergel, J.) 2:17-cv-01709; D.S.C. Holding: Plaintiffs bring a 29 U.S.C. § 1132(a)(3) claim based on their allegations that defendant Cangialosi sold ERISA life insurance coverage to defendant William Smoak’s ...

Tagged with: ERISA

Owners Insurance Co. v. Warren Mechanical, LLC (Lawyers Weekly No. 002-169-17, 28 pp.) (David Norton, J.) 2:16-cv-00669; D.S.C. Holding: Neither party is entitled to summary judgment on an insurer’s claim that a workers’ compensation insurance policy was void ab initio ...

Tagged with: Workers' Compensation

Massachusetts Mutual Life Insurance Co. v. Hiller (Lawyers Weekly No. 002-165-17, 9 pp.) (J. Michelle Childs, J.) 6:16-cv-01643; D.S.C. Holding: The decedent died in 2015, but her life insurance policy was assigned to defendant A.E. Pennebaker Co. in 1986; nevertheless, ...

Tagged with: Life

Accident Insurance Co. v. U.S. Bank N.A. (Lawyers Weekly No. 002-161-17, 19 pp.) (J. Michelle Childs, J.) 3:16-cv-02621; D.S.C. Holding: Plaintiff states a claim for breach of a trust agreement when it alleges that the defendant-trustee accepted substituted trust assets ...

Tagged with: Collateral