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 ...

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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 ...

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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 ...

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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 ...

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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. ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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