Canal Insurance Co. v. National House Movers, LLC (Lawyers Weekly No. 011-093-15, 11 pp.) (H. Bruce Williams, J.) (John Few, C.J., concurring) Appealed from Greenville County Circuit Court (Edward Miller, J.) S.C. App. Holding: Where an occasional employee of the ...Read More »
Insurance – Health – ERISA – Information Request
Boyd v. Sysco Corp. (Lawyers Weekly No. 002-161-15, 12 pp.) (R. Bryan Harwell, J.) 4:13-cv-00599; D.S.C. Holding: In this ERISA case, plaintiffs’ broad requests – for the administrative file and all documentation relevant to their claim – were not sufficiently ...
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Insurance – Life – ERISA – Beneficiary Designation – Ex-Wife & Widow
Bostic v. Bostic (Lawyers Weekly No. 002-156-15, 11 pp.) (Bruce Howe Hendricks, J.) 6:14-cv-02130; D.S.C. Holding: Although S.C. Code Ann. § 62-2-507 requires that the decedent’s life insurance benefits be paid to his widow rather than his ex-wife, since the ...
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Insurance – Auto – UIM – Meaningful Offer – ‘Additional’ Coverage
Liberty Mutual Fire Insurance Co. v. McKnight (Lawyers Weekly No. 002-146-15, 25 pp.) (Patrick Michael Duffy, J.) 2:14-cv-02145; D.S.C. Holding: The plaintiff-insurer’s form asked the defendant-insureds to choose or decline “additional” underinsured motorist coverage; therefore, the form did not intelligibly ...Read More »
Insurance — Auto – Tyger River Claim – Settlement Demand Letter – Untimely Response
Urena v. Nationwide Insurance Co. of America (Lawyers Weekly No. 002-136-15, 7 pp.) (David Norton, J.) 2:13-cv-03544; D.S.C. Holding: Where (1) plaintiff’s counsel demanded settlement of an auto accident claim in which the defendant-insurer’s liability was clear and it was ...
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Insurance — Auto – UIM – Bad Faith – Simultaneous Claims – Severance – Fraudulent Joinder
Cramer v. Walley (Lawyers Weekly No. 002-125-15, 13 pp.) (J. Michelle Childs, J.) 5:14-cv-03857; D.S.C. Holding: The defendant-underinsured motorist carrier has no duty to pay benefits until its insured – plaintiff – has obtained a judgment in excess of the ...
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Insurance — Auto – Civil Practice – Intervention – Declaratory Judgment – Duty to Defend – Bad Faith
Affirmative Insurance Co. v. Williams (Lawyers Weekly No. 002-126-15, 16 pp.) (J. Michelle Childs, J.) 5:14-cv-04087; D.S.C. Holding: Where the plaintiff in the underlying lawsuits, Vikki Sheppard, has the same ultimate objective – to ensure the maximum amount of insurance ...
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Insurance — No Duty to Defend ‘Kidnapping’ Suit
Liberty University Inc. v. Citizens Ins. Co. of America (Lawyers Weekly No. 001-134-15, 32 pp.) (Thacker, J.) No. 14-2254, July 10, 2015; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: An insurance company has no duty to defend Liberty ...
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Insurance — No Policy Coverage for Motorist Shooting
Marks v. Scottsdale Ins. Co. (Lawyers Weekly No. 001-116-15, 14 pp.) (Harris, J.) No. 14-1823, June 29, 2015; USDC at Richmond, Va. (Novak, J.) 4th Cir. Holding: A hunt club member who allegedly shot at a deer and hit a ...
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Insurance — Contractor Has Coverage for Sub’s Acts
Capital City Real Estate LLC v. Certain Underwriters at Lloyd’s London (Lawyers Weekly No. 001-103-15, 20 pp.) (Gregory, J.) No. 14-1239, June 10, 2015; USDC at Baltimore, Md. (Garbis, J.) 4th Cir. Holding: A trial court erred in granting summary ...
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