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Tag Archives: Certified Question

Real Property – Title Insurance – Damages – Valuation Date – Ambiguity – Certified Question (access required)

Whitlock v. Stewart Title Guaranty Co. Pursuant to a question certified to this court by the U.S. District Court for the District of South Carolina, we hold that where, as here, a title insurance contract does not clearly identify a date for measuring the diminution in value of the insured property or otherwise unambiguously provide for the method of valuation as a result of a title defect...

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No procedural due process for administrators under Teacher Act (access required)

Overruling 15-year-old precedent, the state Supreme Court has held that school administrators do not have the right to a hearing to contest reductions in pay or reassignments under the Teacher Employment and Dismissal Act. The justices made the ruling in an answer to a certified question from the U.S. District Court in a lawsuit brought by a former Fairfield County deputy superintendent for human resources. Attorney Carol B. Ervin (pictured) said the plaintiff made both federal due-process and state-law claims against the district, but the federal and state claims were bound together. "The issue of whether or not the plaintiff had any due-process rights turned on whether or not she had a property interest in her position and entitlements."

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