Nexsen Pruet's Torts, Insurance and Products Blog: Most Popular Highlights 2018
In case you missed any of Cheryl D.Shoun's #TuesdayTIPSat10 posts from the past few months, here is a brief summary of some of the most popular reads.
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 does not require the pro rata apportionment of punitive damages between damages sustained for bodily injury and those sustained for property damage, under an auto policy. GEICO v. Poole, Opinion No. 27821 (July 5, 2018).
Continued Support for Forum Selection Clauses
06.19.18 - Little more than a month ago, we looked at the United States District Court’s application of a recent Fourth Circuit opinion that relied, in turn, on a United States Supreme Court opinion addressing venue challenges in light of forum selection clauses (click here to view original article). The District Court once again analyzed the now recognized approach to a motion to transfer venue in light of a mandatory forum selection clause in ARCpoint Financial Group, LLC v. Blue Eyed Bull Investment Corporation, et al 2018 WL 2971205 (June 13, 2018).
Declaratory Judgement Action Provides Reminder of Factors Considered by the Court in Assessing Coverage
10.02.18 - 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 duty to defend a claim for advertising injury. There were, of course, certain exclusions to that coverage.
Uninsured Motorist Coverage Requires Eyewitness – Circumstantial Evidence is Not Enough
09.25.18 - While there are myriad cases interpreting uninsured motorist (UM) coverage in South Carolina, some aspects of the coverage are well determined. No policy of insurance may be issued without providing for the coverage, in an amount not less than $25,000, for injury to or destruction of the property of an insured. It is equally well established that the coverage is remedial in nature and therefore liberally construed to favor the injured. It has even been determined that the coverage is available for stacking. Yet, despite the efforts made over the years by our courts, the nature of the coverage and its inherent complexity continues to give rise to questions, including one recently addressed by our Supreme Court. Silva for Estate of Silva v. Allstate Property and Casualty Insurance Company, 2018 WL 4101084 (August 29, 2018)
Arbitration: Again Favored as a Means of Dispute Resolution
11.06.18 - A recent decision of the United States District Court of South Carolina again demonstrated a liberal federal policy favoring arbitration agreements. Suzanne Young v. AMISUB of South Carolina, Inc. d/b/a Piedmont Medical Center, 2018 WL 5668619 (November 1, 2018). While analyzed here in the context of an employment dispute, the guiding principles are equally applicable to other contexts.
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Cheryl D. Shoun is a trial attorney and certified mediator whose experience includes construction law, insurance defense, personal injury defense, employment litigation and medical malpractice. As a frequent writer, she serves as editor for Nexsen Pruet's TIPS: Torts, Insurance and Products Blog.
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