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CGL

Jul 20, 2018

Insurance – CGL – Bars – Assault & Battery Exclusions – Tort/Negligence – Wrongful Death – Drunk Driver

The underlying state-court complaint alleges that an intoxicated bar patron drove her SUV over the decedent in the bar parking lot, killing him. However, that complaint also alleges that the […]

May 11, 2018

Insurance – CGL – Cross-Claimants – Declaratory Judgment Action – Construction Defects

An underlying lawsuit alleges construction defects against a subcontractor insured by the plaintiff-insurer. This action seeks a declaratory judgment that plaintiff does not owe a duty to defend or indemnify […]

Apr 17, 2018

Insurance – CGL – Ocean Transport – Pre-Shipment Fraud

A commercial general liability policy does not provide coverage for an import/export company that was defrauded by a criminal organization in the Philippines. The defendant-insurer’s motion for summary judgment is […]

Mar 12, 2018

Insurance – CGL – Time on the Risk – Underlying Action – Unripe

Holding: The plaintiff-insurer and defendant United Specialty Insurance Co. both insured the defendant-contractor at different times. Although the contractor has been sued in connection with a condominium complex it built, […]

Feb 27, 2018

Insurance – CGL – Declaratory Judgment Action – Other Insurance – Duty to Defend

Holding: The plaintiff-insurer has contracted to defend its insured (a general contractor) if “no other insurer defends.” Therefore, the court cannot compel the insurers of the general contractor’s subcontractors to […]

Jan 16, 2018

Insurance – CGL – Cancellation – Premium Service – Nightclub Shooting

Evans v. Nautilus Insurance Co. (Lawyers Weekly No. 002-015-18, 8 pp.) (David Norton, J.) 2:17-cv-00712; D.S.C. Holding: Plaintiffs paid their commercial general liability insurance premiums through a premium service company. […]

Jul 28, 2017

Insurance – CGL – Reservation of Rights Letter – Standing – Compensatory Damages – Time on the Risk – Punitive Damages – First Impression

Harleysville Group Insurance v. Heritage Communities, Inc. (Lawyers Weekly No. 010-041-17, 40 pp.) (John Kittredge, J.) (Costa Pleicones, Acting Justice, dissenting) Appealed from Horry County (John Milling, Special Referee) Substituted […]

Jun 16, 2017

Insurance – CGL – Bar Bouncer – Assault & Battery Sublimit

Catlin Specialty Insurance Group v. RFB, Inc. (Lawyers Weekly No. 002-155-17, 7 pp.) (Richard Mark Gergel, J.) 2:16-cv-03135; D.S.C. Holding: A bar patron who was allegedly assaulted and battered by […]

May 31, 2017

Insurance – CGL – Construction Inspection – Negligently Conducted – Professional Services Exclusion

State Farm Fire & Casualty Co. v. Morningstar Consultants, Inc. (Lawyers Weekly No. 002-143-17, 11 pp.) (Mary Geiger Lewis, J.) 6:16-cv-01685; D.S.C. Holding: The insurance that plaintiff issued to defendant […]

May 15, 2017

Insurance – CGL – Additional Insured – Direct Negligence Allegations

South Carolina Electric & Gas Co. v. Old Republic Insurance Co. (Lawyers Weekly No. 002-127-17, 8 pp.) (Richard Mark Gergel, J.) 2:16-cv-02468; D.S.C. Holding: Where an underlying lawsuit alleges negligence […]

Feb 13, 2017

Insurance – CGL – Framing Contractor – Additional Insured – Bad Faith Claim – Indemnification

UFP Eastern Division, Inc. v. Selective Insurance Co. of South Carolina (Lawyers Weekly No. 002-049-17, 13 pp.) (Richard Mark Gergel, J.) 4:14-cv-02801; D.S.C. Holding: Even though the plaintiff contractor is […]

Feb 13, 2017

Insurance – CGL – Roofing Contractor – Roofing Limitation Endorsement – Suitable Covering

Williford Roofing, Inc. v. Endurance American Specialty Insurance Co. (Lawyers Weekly No. 002-048-17, 11 pp.) (David Norton, J.) 2:16-cv-01830; D.S.C. Holding: The parties’ insurance policy excluded coverage for weather damage […]


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