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Tag Archives: Insurance

Insurance – Homeowners – Sexual Assault – Joint Obligations Provision – First Impression – Declaratory Judgment (access required)

Allstate Indemnity Co. v. Tilmon (Lawyers Weekly No. 002-070-14, 14 pp.) (J. Michelle Childs, J.) 1:13-cv-00690; D.S.C. Holding: The “joint obligations” provision in plaintiff’s homeowners’ insurance policy makes one insured’s acts binding on the other insureds. Even though defendant Davis ...

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Insurance claim documents not ‘work product’ (access required)

contract

A recent South Carolina District Court decision on a motion to compel discovery held that reports prepared in the ordinary course of business of adjusting insurance claims are not protected as “work product” and must be produced. Federal law governs the work product doctrine. The doctrine protects from discovery any “documents and tangible things that are prepared in anticipation of litigation or for trial.”

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Insurance – Auto – Florida Policy – S.C. Accident – Bodily Injury Coverage – No Compulsory Insurance Law (access required)

Thalia S. v. Progressive Select Insurance Co. Although plaintiffs’ Florida auto insurance policy does not provide bodily injury coverage for accidents occurring in Florida, its out-of-state provision says coverage will be provided, “If an accident to which this Part I applies occurs in any state other than the one in which a covered vehicle is principally garaged, and the state … has … a compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a vehicle in that state….” Contrary to plaintiffs’ argument, S.C. Code Ann. § 56-9-351 is not a “compulsory insurance or similar law” within the meaning of their policy’s out-of-state coverage provision.

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