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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 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 […]

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 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[...]

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 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 […]

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, 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 […]

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 defend the general contractor in an underlying defective construction action. The court grants the subcontractors’ insurers’ motions to dismiss. Plaintiff FCCI Insurance Co. [...]

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. 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[...]

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 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[...]

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 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 […]

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 excluded coverage for “bodily injury, property damage or personal injury due to rendering or failure to render any professional services or treatments. This includes … […]

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 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 […]

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 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 […]

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 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[...]

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