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 ...

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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 ...

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Scottsdale Insurance Co. v. Moonshine Saloon, LLC (Lawyers Weekly No. 002-021-17, 12 pp.) (David Norton, J.) 2:16-cv-00797; D.S.C. Holding: Even if Shearon Bennett fired the fatal shot at random, he would have been doing so in order to intimidate or ...

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Harleysville Group Insurance v. Heritage Communities, Inc. (Lawyers Weekly No. 010-007-17, 33 pp.) (John Kittredge, J.) (Costa Pleicones, Acting Justice, dissenting) Appealed from Horry County (John Milling, Special Referee) S.C. S. Ct. Holding: Where the plaintiff-insurer defended its insured under ...

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Capitol Specialty Insurance Corp. v. Ellis Wise Landscaping, Inc. (Lawyers Weekly No. 002-195-15, 14 pp.) (J. Michelle Childs, J.) 8:14-cv-00255; D.S.C. Holding: Even though the defendant-landscaping company claims defendant Dawkins was only a casual employee, since (1) the scope of ...

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Capital City Real Estate LLC v. Certain Underwriters at Lloyd’s London (Lawyers Weekly No. 001-103-15, 20 pp.) (Gregory, J.) No. 14-1239, June 10, 2015; USDC at Baltimore, Md. (Garbis, J.) 4th Cir. Holding: A trial court erred in granting summary ...

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Capitol Specialty Insurance Corp. v. Ellis Wise Landscaping, Inc. (Lawyers Weekly No. 002-055-15, 12 pp.) (J. Michelle Childs, J.) 8:14-cv-00255; D.S.C. Holding: The court cannot determine from the record whether casual employee Dawkins’ employment was within the course of the ...

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Graphic Arts Mutual Insurance Co. v. Caldwell Chevrolet, Inc. The auto dealers errors and omissions liability endorsement to the policy that the plaintiff-insurer issued to the defendant-auto dealership does not require the insurer to defend or indemnify the dealership against underlying claims of what amounts to consumer fraud.

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Ross Development Corp. v. Fireman’s Fund Insurance Co. Because of the pollution exclusions in the parties’ insurance policies, the defendant-insurers had no duty to defend or indemnify plaintiff against claims arising out of plaintiff’s disposal of waste products on real property that it owned during the policy periods.

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Liberty Mutual Fire Insurance Co. v. J.T. Walker Industries Even though there was evidence from which the jury could find that the plaintiff-insurer acted in bad faith when it settled claims that had been filed against the defendant-insured, the insured failed to prove how it was damaged by any such bad faith.

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