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Tag Archives: Declaratory Judgment Action

Insurance – Attorney’s Fees – Declaratory Judgment Action – Duty to Defend – Appeals – First Impression (access required)

Jessco, Inc. v. Builders Mutual Insurance Co. S.C. law permits an insured to recover attorney’s fees when the insured wins a declaratory judgment stating that its insurer breached its duty to defend. The court logically extends this case law to encompass attorney’s fees incurred by the insured when it successfully defends such a judgment on appeal.

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Insurance – Duty to Defend – Declaratory Judgment Action – Contract Terms – Attorney’s Fees (access required)

Baiden & Associates, Inc. v. Crum & Forster Specialty Insurance Co. The complaint cites the Certain Underwriters at Lloyds, London policy by policy number, coverage period and coverage limits; the plaintiff-contractor attached to its complaint a certificate of insurance which reflected certain key information about the Lloyds policy; the contractor alleged that, under the insurance policies at issue, including the Lloyds policy, the duty to defend was triggered by the allegations in a state-court complaint that the insured subcontractors’ work resulted in property damage; and the complaint recited language from the policies at issue, including the Lloyds policy. Therefore, the contractor’s complaint is sufficient to advise Lloyds of the event being sued upon.

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Civil Practice – Declaratory Judgment Action – State-Court Action – Court’s Discretion (access required)

Catalina London Ltd. v. Narruhn An action among these same and other parties in S.C. state court was filed first, is further along, is more comprehensive, and deals with complex areas of S.C. law. The court declines to exercise jurisdiction over this declaratory judgment action. This case is dismissed without prejudice.

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Civil Practice – Standing – Tort/Negligence – Wrongful Death – Insurance – Declaratory Judgment Action (access required)

QBE Insurance Corp. v. Sellers In the underlying state-court wrongful death action, defendant Sellers is suing plaintiff’s insured. In this action, plaintiff seeks a declaratory judgment that its general commercial liability policy does not require plaintiff to defend or indemnify its insured in the wrongful death action. Even though, under S.C. law, Sellers might not have standing to assert a counterclaim alleging that an additional policy applies, under federal law, Sellers has standing to assert such a counterclaim.

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