Please ensure Javascript is enabled for purposes of website accessibility


Sep 22, 2023

Insurance appeal dismissed after intervening settlement 

By Nick Hurston  A commercial insurance carrier’s appeal of an order requiring it to defend a lawsuit was dismissed after the 4th U.S. Circuit Court of Appeals found that it lacked jurisdiction because the underlying action was resolved by an intervening settlement.  The insurer argued that the District Court’s order to defend was effectively an […]

Sep 11, 2023

Insurance – Auto – UIM – Stacking Prohibited – Insurers’ Liability

Defendant’s decedent, a deputy sheriff, was killed in an auto accident while he was driving a patrol vehicle. Decedent’s personal vehicle was insured by plaintiff Progressive with underinsured motorist coverage (UIM) totaling $200,000, and he was listed as an insured on his parents’ Allstate policy, which also provided a total of $200,000 in UIM coverage. […]

Aug 17, 2023

Murdaugh colleague sentenced in fraud scheme

CHARLESTON — A longtime friend of disgraced South Carolina attorney Alex Murdaugh was sentenced Tuesday to nearly four years in prison for scheming to steal millions of dollars in insurance settlements from the sons of Murdaugh’s dead housekeeper. Cory Fleming said he knew the lawyer now serving a life sentence for killing his wife and […]

Jul 5, 2023

Insurance – Legal Malpractice – Settlement Authority – Insured’s Refusal

Although the parties’ legal malpractice policy prohibits the defendant-insurer from settling a malpractice claim without the plaintiff-attorney’s consent, if the attorney withholds her consent, the policy then relieves the insurer of its duty to defend and caps proceeds at the amount the insurer planned to offer to settle the claim. We affirm the circuit court’s […]

Jun 2, 2023

Insurance – Auto – Settlement Contract – Inadvertent Mistake – Hand Delivery

In complying with plaintiff’s nine-page single-spaced demand letter, defendant’s insurance company inadvertently neglected to include in its settlement packet one of the two $25,000 settlement checks that it had prepared. Plaintiff waited until four days after the deadline set out in the demand letter before informing the insurance company of its mistake. The insurance company’s […]

Jun 2, 2023

Insurance – Auto – Settlement Contract – Demand Letter – Form of Check

In a 10-page single-spaced demand letter, defendant’s law firm made inconsistent demands as to the form of the settlement check it would accept – it demanded both that the check be “issued by the insurance company” and that the check be either a cashier’s check or a certified bank check. Neither a cashier’s check nor […]

Jun 2, 2023

Insurance – Auto – Demand Letter – Type of Check – Personal Injury Coverage

Although defendant’s demand letter said she would only accept a cashier’s or certified bank check, she could not explain why the plaintiff-insurer’s check was unacceptable. Moreover, the demand was found in an ambiguous footnote: “Settlement funds must be paid by Cashier’s Checks or Certified Bank Checks (not drafts) issued by your insurance company.” Neither a […]

Apr 28, 2023

Insurance – Auto – UIM – No Meaningful Offer – Indemnification – Past Premiums

In a reformation action, it was determined that an insured would have accepted a meaningful offer of underinsured motorist (UIM) coverage, had the defendant-Agency made such an offer. Since the plaintiff-Carrier would have provided such coverage, Carrier is not entitled to indemnification by Agency for the $300,000 it paid to settle with the insured. However, […]

Mar 31, 2023

Injuries at apartment complex net $3.1M settlement 

In August of 2021, counsel obtained a default judgment of $3.13 million against an apartment complex in Kingstree, S.C., on behalf of a visitor who sustained a hip fracture and required multiple surgeries as a result of defects in a common area stairwell.   A lawsuit was filed and served upon the owner of the apartment […]

Mar 20, 2023

Commercial insurance: An annual review of coverages can prevent future disaster

ROCHESTER, NY –With spring (finally!) approaching, companies should consider adding an annual insurance checkup to their “spring cleaning” to-do list. Many businesses have, at some point, encountered this nightmare scenario: despite paying substantial insurance premiums year after year, a significant claim arises and the company learns that it is not fully covered. The claim might [&hell[...]

Jan 25, 2023

Insurance – Auto – UM – Workers’ Compensation – ‘Legally Entitled to Recover’ – First Impression

The plaintiff-passenger was injured when, while she was riding in her co-worker’s car in the course of their employment, the co-worker negligently caused an accident. The Workers’ Compensation Act prevents plaintiff from obtaining a judgment against the co-worker, so plaintiff is not “legally entitled to recover” any amount from the co-worker; therefore, plaintiff is not […]

Nov 14, 2022

Insurance – Auto – UIM Stacking – Rental Car – Replacement Vehicle – Policy Ambiguity 

Because the petitioner-insurer’s auto policy is ambiguous as to whether or not a rental vehicle – when it temporarily replaces an owned vehicle – is considered an owned vehicle, we construe the policy against the drafter and conclude that the respondent-insured is entitled to stack her underinsured motorist coverages.  We modify and affirm the Court […]

Business Law

See all Business Law News


See all Commentary


How Is My Site?

View Results

Loading ... Loading ...