South Carolina Lawyers Weekly

In the parties’ commercial property insurance policy, coverage for a business interruption loss is triggered by “direct physical loss or damage.” The policy does not define this phrase, so we give the words of the phrase their ordinary meanings and ...

Tagged with: Insurance

A month after plaintiff went to work for defendant, defendant sent her an email with links to a cover letter, frequently asked questions and an agreement to arbitrate any disputes arising from plaintiff’s employment. Under the terms of the email ...

Tagged with: Arbitration

Using the language of a warranty deed, the defendant-marina’s predecessor granted non-exclusive easements of ingress, egress and parking to the plaintiff-restaurant, allowing the restaurant to use the marina’s parking and access. The warranty provision promised “to warrant and forever defend” ...

Tagged with: Real Property

A 2018 injunction barred appellant Lawhon and his marina from interfering with the respondent-restaurant’s easements, which give the restaurant the right to use the marina’s parking and access. The circuit court properly found appellants in criminal contempt for parking a ...

Tagged with: Real Property

Pursuant to Rule 68, SCRCP, defendants offered judgment “for all claims alleged.” Plaintiff could not accept the offer and still hang on to his claims for treble damages and attorney’s fees. However, he is entitled to costs under Rule 68.  ...

Tagged with: Civil Practice

Although the family court accepted the respondent-Mother’s testimony that she had paid the appellant-Father child support in cash, the record shows that Mother’s testimony was not credible.  We reverse the family court’s finding that Mother made cash payments to Father ...

Tagged with: Domestic Relations

In a 2014 order, a single commissioner’s order summarily stated that the respondent-Claimant was not entitled to benefits under S.C. Code Ann. §§ 42-9-10 (total disability), -20 (partial disability), -30 (scheduled recovery), -210 (payments made by an employer when they ...

Tagged with: Workers' Compensation

When the defendant-member joined the plaintiff-club, if defendant stopped paying dues, his expulsion was mandatory. According to defendant, the club changed its governing documents unilaterally – though a membership vote was required – such that, when a member stops paying ...

Tagged with: Corporate

Plaintiff’s decedent (Wife) had already filed suit against the defendant-Husband in the family court for equitable apportionment when she died. As a result, Wife’s property rights in the couple’s marital property had vested, and the family court correctly continued to ...

Tagged with: Domestic Relations

Although the plaintiff-Wife has more education and steadier employment than the defendant-Husband, since (1) Husband’s adultery was the impetus behind this litigation, (2) Wife has significant student loans to repay, and (3) Wife’s support during the marriage allowed Husband to ...

Tagged with: Domestic Relations