Under a coverage contract between the Town of Cottageville and the Municipal Insurance and Risk Financing Fund, the town’s commission of four wrongful acts constituted four occurrences, allowing the plaintiff to recover more than the liability limit of $1,000,000. In ...
Read More »Insurance – Coverage can’t be denied to breakaway parish
Where an insurance policy provided coverage to affiliates of the Episcopal Church, that policy extended to a breakaway parish that is embroiled in litigation against the diocese. Nothing in the master policy suggested the insurance company has the duty—or the ...
Read More »Insurance – Auto – Excluded Driver – UIM
When defendant obtained insurance for her pickup truck, she signed an exclusion voiding coverage for her husband. S.C. Code Ann. § 38-77-340 allows a named insured to exclude a driver from her policy if either (1) the excluded driver’s license ...
Read More »Insurance – Homeowners – ‘Actual Cash Value’ – Depreciation – ‘Embedded Labor Components’ – Certified Question
A federal court asks, “When a homeowner’s insurance policy does not define the term ‘actual cash value,’ may an insurer depreciate the cost of labor in determining the ‘actual cash value’ of a covered loss when the estimated cost to ...
Read More »Insurance – Auto – Step-Down Provision – Fleeing Police
S.C. Code Ann. § 38-77-142(C), as interpreted in Williams v. Government Employees Insurance Co., 409 S.C. 586, 762 S.E.2d 705 (2014), prohibits any step-down provisions in an auto liability policy’s coverage, including a provision, like the one at issue, that ...
Read More »Insurance – Auto – Stacking vs. Portability – Civil Practice – Declaratory Judgment – Unrelated State Proceedings
Defendant Ladue argues that the issue before the court is whether the estate of his decedent—who was fatally injured while driving a car covered by neither of the two policies in question—can recover simultaneously from separate, portable underinsurance motorist coverages. ...
Read More »Insurance – Homeowners – Actual Cash Value – Depreciation – Labor Costs – Certified Question
The determinative question in this case is whether the defendant-insurers are allowed to depreciate labor costs when they determine the “actual cash value” (ACV)—a term undefined by their homeowners’ insurance policies—of a covered loss. The only relevant South Carolina opinion, ...
Read More »Insurance – Auto – UIM – Stacking – Rental Car – Temporary Substitute
Defendant and her husband bought $100,000 in underinsured motorist coverage from the plaintiff-insurer on each of their five vehicles. At the time of defendant’s October 5, 2012, accident, she was driving a rental car instead of her own vehicle only ...
Read More »Insurance – Declaratory Judgment – Uninsured Motorist Coverage – Legal Entitlement to Coverage – Workers’ Compensation Act Immunity
Where insurers denied UM coverage to the passenger of a negligent driver because the driver was entitled to immunity under the Workers’ Compensation Act, such immunity had the effect of transforming the driver’s vehicle into an uninsured vehicle. We affirm ...
Read More »Insurance – Construction Defect Case – Motion to Intervene – Right to Contest Coverage
In this insurance coverage case, several insurers appealed from the denial of their motion to intervene in a construction defect case between a property owners’ association and various construction companies and subcontractors. The underlying construction defect case had ultimately proceeded ...
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