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Nexsen Pruet's Torts, Insurance and Products Blog: Most Popular Highlights 2018

Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages - 07.10.18 - In a significant but not entirely novel ruling, the South Carolina Supreme Court recently held that South Carolina law...more

Declaratory Judgment Action Provides Reminder of Factors Considered by the Court in Assessing Coverage

Owners Insurance Company issued a commercial general liability policy (CGL) to Cruz Accessories, a/k/a H&C Corp.(Cruz). The policy included standard language relating to Owners’ right and duty to defend Cruz, including the...more

Nexsen Pruet's Torts, Insurance and Products Blog: Highlights from August 2018

South Carolina Supreme Court Clarifies Successor Liability - How to successfully pierce the corporate veil has been shrouded in a degree of mystery in South Carolina, to both those in pursuit of and those defending against...more

Declaratory Judgement by Insurer: The court provides a limitation on attorney's fees and a definition of "prevailing party" under...

Federal Rule of Civil Procedure 54(d) provides, in pertinent part, that “[u]nless a federal statute, these rules, or a court order provides otherwise, costs – other than attorney’s fees – should be allowed to the prevailing...more

Typed or Written; Ambiguity or Conflict - It's All About the Insurance Contract

There is no shortage of opinions offering guidance in the construction and analysis of insurance policies. For those of us who regularly read and interpret these policies the courts have provided myriad scenarios with various...more

Can a Third Party Seek a Declaration of an Insurer's Duties Under Its Policy?

“Be careful what you ask for in your declaratory judgment action” could have been an appropriate subtitle....more

Insurer's Successful Declaratory Judgment Action Provides a Refresher on Insurable Interest

It is a basic rule of law - one cannot insure, for his own benefit, the property of another. Recovery under an insurance policy requires proof of an insurable interest in the subject property at the time the policy is...more

Federal Declaratory Judgment Act - What is Required for Standing?

To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a ‘case or controversy’ pursuant to Article III of the US...more

Amount in Controversy for Diversity Jurisdiction: How to Determine When Damages Are Not Clearly Stated

Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is...more

The Evolution of Ripeness Affords Additional Opportunities for Declaratory Judgment Actions

In Colony Insurance Company v. Hucks Pool Company, Inc., et al. (February 15, 2018), based only upon a demand letter to Hucks from a claimant, Colony filed a declaratory judgment action that sought a determination whether it...more

Not Every Refusal to Provide Coverage Equals Bad Faith

A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South...more

When an Assault Really Is an Assault... A Sequel

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

BEWARE: Certain Acts of Community Management Companies Constitute the Unauthorized Practice of Law in South Carolina

In an opinion expected to affect community management companies and owners’ associations throughout the State, the South Carolina Supreme Court has provided clarification as to what it deems to constitute the unauthorized...more

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