Collins & Lacy, P.C.

Contractual limitation of a home inspector’s liability does not violate South Carolina public policy and, as a matter of law, is not unconscionable, according to a March 2013 opinion of the S.C. Supreme Court. Finding such limit…more

If you are going into surgery, you probably have some concerns, but you may not have thought to worry about whether the surgical instruments had been washed in elevator hydraulic fluid rather than proper surgical detergents and…more

The Department of Labor is cracking down on employers allegedly failing to pay employee wages. Since 2009, the Department of Labor’s Columbia, South Carolina District Office has concluded more than 300 restaurant…more

A Cherokee County jury returned a defense verdict in a claim brought by a male plaintiff in his mid-forties in which he alleged the chicken sandwich he purchased from a Burger King was too hot and caused second degree burns to…more

South Carolina municipalities are not entitled to assess municipal business license taxes based on, or measured by, the total flood insurance premiums collected in the particular municipality by insurance companies under an…more

S.C. Court of Appeals says Jury Could Conclude Insured Did Not Make Misrepresentations on Life Insurance Application With Fraudulent Intent …more

On January 9, 2013, in an unpublished opinion, the South Carolina Court of Appeals found (1) an insured was liable to its insurer for final premiums based upon remuneration paid to the insured’s employees; and (2) the insurer…more

In a December 17, 2012 opinion, the U.S. Court of Appeals for the Fourth Circuit found the City of Durham did not waive its governmental immunity by purchasing liability insurance, thereby reversing a decision of the U.S…more

The South Carolina Court of Appeals recently held that a general liability policy excluded coverage for the homeowners’ claim that they lost the use of property when they had to remove an apartment built on top of a barn because…more

S.C. Statute Requiring CGL Policies to Contain a Specific Definition of “Occurrence” Held Constitutional; Retroactive Application of Statute Held Unconstitutional In a recent decision, Harleysville Mutual Insurance Co. v…more

I actually really like my law firm, but if I wanted to say I hated it, the NLRB would protect me. In the most recent decision issued November 14, 2012, the NLRB attacked a company for having one policy that prohibits employees…more

In South Carolina, employers are still allowed to ask for this information. However, as of January 2013, there are six (6) different states where this is prohibited. Maryland, Michigan, Illinois, Delaware, California and New…more

To borrow a line from the famed 19th century English poet Alfred Lord Tennyson, "Ring out the old, ring in the new." With the introduction of South Carolina House Bill 3147, some legislators plan on doing that very thing…more

South Carolina's Workers' Compensation Act provides for an Advisory Committee whose purpose it is to monitor the effectiveness of existing laws and annually make recommendations to the General Assembly on ways to improve those…more

Last week, the Senate Judiciary Committee asked the Workers’ Compensation Commission to withdraw and resubmit Regulation 67-1801, et. seq., with a change to Section 67-1802A. This is the paragraph that requires mediation in…more