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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 decedent was lying unconscious in the parking lot after being struck while trying to stop a bar brawl that had spilled out into the parking […]
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 the subcontractor in the underlying action. The defendant-developers and general contractor – who have asserted crossclaims against the subcontractor in the underlying lawsuit – have [&hel[...]
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 granted. Background Plaintiff contracted to buy 500,000 pounds of copper wire from Regent Phoenix Imports & Exports, a Philippine company. The delivery term in the […]
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, since the fact finder in that underlying action has made no findings, the question of any insurer’s duty to indemnify or an assessment of the […]
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 defend the general contractor in an underlying defective construction action. The court grants the subcontractors’ insurers’ motions to dismiss. Plaintiff FCCI Insurance Co. [...]
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. That company complied with S.C. Code Ann. § 38-39-90(b) when it cancelled plaintiffs’ policy (as plaintiffs’ attorney-in-fact) with the defendant-insurer. The cancellati[...]
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 opinion. Holding: An insurer’s reservation-of-rights letter to its insureds was comprised of generic statements of potential non-coverage coupled with cut-and-pa[...]
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 a bouncer sued the defendant-bar for negligence in hiring and supervising the bouncer. Despite the creative pleading of the patron’s lawyers, his claim arises out […]
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 excluded coverage for “bodily injury, property damage or personal injury due to rendering or failure to render any professional services or treatments. This includes … […]
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 by both plaintiff and its contractor, and where plaintiff is an additional insured under the contractor’s policy only to the extent of plaintiff’s vicarious liability […]
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 an “additional insured” rather than a “named insured” under its subcontractor’s insurance policy, plaintiff may still bring a claim for bad faith refusal to pay […]
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 if the plaintiff-roofing contractor failed to secure in place “a suitable waterproof temporary covering.” The policy does not define “suitable,” and there is evide[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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