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 ...
Read More »Insurance – Auto – UIM Stacking – California Policy – S.C. Property, Lives or Interests
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 ...
Read More »Insurance – Duty to Defend – Complaint & Deposition – Notice
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 ...
Read More »Insurance – UnitedHealthcare failed to provide documents to policyholder
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 ...
Read More »Insurance – Commercial Liability – Asbestos – At-Home Exposure – Policy Exclusions
The defendant-insurer’s completed operations hazard and products hazard exclusions do not protect it from the claim of the stepson of an employee who routinely came home covered in asbestos dust while the plaintiff-insured was installing asbestos-containing products at the stepfather’s ...
Read More »Insurance – Homeowners – Exclusion – Auto Accident – Wrongful Death – Alcohol Provided
The homeowner’s policy issued by the plaintiff-insurer to defendant Godley’s parents excludes coverage for “bodily injury arising out of the ownership, maintenance, use, occupancy, renting, loaning, entrusting, loading or unloading of any motor vehicle or trailer.” Although no relevant South ...
Read More »Insurance – Legal Malpractice – Declaratory Judgment Action – Coverage – Article III Controversy – Attorneys’ Fees
In the only still-pending action of several underlying actions, defendant Richardson has sued the defendant-law firm for its conduct in relation to debt collecting. The plaintiff-insurer seeks a declaration that the Richardson action is not covered by its policy and ...
Read More »Insurance – Homeowner’s – Duty to Defend – Bar Fight – Self-Defense or Defense of Another
In an underlying action arising out of defendant-Lang punching defendant Patterson when both men were at a restaurant, the original complaint alleged assault and battery. However, both the original complaint and the amended complaint (which added a negligence claim) had ...
Read More »Insurance – Auto – UM – Excluded Driver
Where the plaintiff-insurer and the defendant-insured agreed to exclude coverage when the insured’s son was operating a covered vehicle, as allowed by S.C. Code Ann. § 38-77-340, that exclusion extended to all forms of coverage in the policy. Therefore, when ...
Read More »Insurance – Dismissal of interpleader action was error
Where the insurance company filed an interpleader action to limit its liability in connection with suits brought against a convenience store arising out of the sale of alcohol to minors, the district court erred in dismissing the action. Because the ...
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