In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more
Bottom Line, Up-Front -
A recent South Carolina federal district court ruling interprets South Carolina law in a new and potentially dangerous way – by allowing for an award of attorney’s fees against a property insurer...more
In Butler, et al. v. The Travelers Home and Marine Insurance Co., separate fires damaged the homes of Miriam Butler and Joseph Stewart. Each home was insured by a Travelers-related insurance company (collectively,...more
October 27, 2020 -
In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is the Comparison or Four-Corners Test....more
In the last 60 days, COVID-19 has affected us all. Federal and state governments have issued quarantine orders. Schools have been closed. And many businesses have been adversely affected....more
The Current Precedent: Harleysville Group Insurance v. Heritage Communities, Inc.
Only 15 months ago, in Harleysville Group Insurance v. Heritage Communities, Inc., the South Carolina Supreme Court fundamentally changed...more
Hurricane Florence is rapidly intensifying into a major hurricane, and is expected to make landfall later this week in North Carolina and South Carolina. The storm surge, destructive winds and rainfall flooding are expected...more
Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage...more
For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s...more
Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more