TIPS: a Torts, Insurance and Products Blog
#TuesdayTIPSat10
Editor: Cheryl D. Shoun
- 04.27.20 - COVID-19 in South Carolina: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose
- 04.02.20 - The South Carolina Residential Landlord and Tenant Act and COVID-19
- 08.20.19 - Another Look at Arbitration: A Power of Attorney Does Not Need to Specifically Grant Authority to Enter Into an Arbitration Agreement
- 08.06.19 - An Insurer is Not Required to Make a New Offer of UIM Coverage Upon a Mere Change of an Existing Policy
- 07.23.19 - Rule 59(b) Interpretation: The S.C. Court of Appeals Looks Beyond the Literal Language to Effectuate the Purpose of the Rule
- 07.09.19 - Premises Liability: Comparative Negligence Is Not a Defense in Child Trespasser Case
- 07.02.19 - Right to Enforce Arbitration Is Waived Upon Default
- 06.25.19 - When Does the Insured’s Failure to Provide Notice of Suit and Failure to Cooperate Establish Substantial Prejudice to the Insurer?
- 06.18.19 - The South Carolina Supreme Court Addresses Waiver of Attorney-Client Privilege in Bad Faith Actions
- 06.11.19 - Insurance Policies: Where is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
- 06.04.19 - South Carolina Contribution Among Tortfeasors Act Set-Offs: When They Must Be Made
- 05.28.19 - Denial of Motion to Compel Arbitration Under the FAA Results in Stay of Case Upon Appeal
- 05.21.19 - Interpleader with a Side of Motion for More Definite Statement
- 05.07.19 - Arbitration Agreements and Powers of Attorney Both Subject to Strict Construction
- 04.30.19 - Public Policy Exception to Application of Foreign Law - What Does That Mean in South Carolina?
- 04.16.19 - Can Arbitration Be Enforced Against Non-Signatories to a Contract?
- 04.09.19 - False Imprisonment and Malicious Prosecution: Where the Lines are Drawn for Victims and Witnesses
- 03.26.19 - Landlords Take Heed - Attempts to Provide Security to Tenants May Not Be Viewed Differently
- 03.19.19 - Dismissal of an Action for Failure to State Facts Sufficient to Constitute a Cause of Action - Does That Automatically Result in the Right to Amend?
- 03.12.19 - Insurer Must Assume Defense to be Liable for Failure to Settle Under Tyger River Doctrine
- 03.06.19 - Insurer's Duty to Indemnify - Fourth Circuit Looks at Insured's Failure to Comply with Policy Provisions
- 02.26.19 - Discovery - Be Careful Out There
- 02.19.19 - South Carolina Unfair Trade Practices Act: When Acts Are Not Capable of Repetition and Other Important Issues
- 02.12.19 - Insurer Defeats Business Interruption Claim on Property Insurance Policy and Accompanying Bad Faith Claim in Federal Court in North Carolina
- 02.05.19 - Malicious Prosecution – Can It Result From Filing A Lis Pendens?
- 01.29.19 - Insurer’s Purported Duty to Investigate a Claimant’s Competency
- 01.22.19 - Allstate v. Hunter
- 01.15.19 - South Carolina Supreme Court Clarifies Statute of Repose
- 12.18.18 - Binding Nonsignatories to Arbitration Agreements
- 12.11.18 - Premises Liability: A Refresher
- 12.04.18 - South Carolina Judgments; No Exception to Strict Interpretation of 10 Year Limitation
- 11.27.18 - Insurer's Enforcement of Arbitration Clause in Underinsurance Coverage - Is It Possible?
- 11.13.18 - A Bar, an Injury, an Assault & Battery Exclusion and Coverage
- 11.06.18 - Arbitration: Again Favored as a Means of Dispute Resolution
- 10.30.18 - Determination of Residency and Underinsured Coverage - Is the Legislature Watching?
- 10.23.18 - Collateral Source Rules - Is Change Coming to South Carolina?
- 10.16.18 - A Look at Jury Charges, Directed Verdicts, Single Enterprise Theory, Election of Remedies and Setoff
- 10.09.18 - Critical Issues to a Determination Coverage and Effective Reservation of Rights
- 10.02.18 - Declaratory Judgment Action Provides Reminder of Factors Considered by the Court in Assessing Coverage
- 09.25.18 - Uninsured Motorist Coverage Requires Eyewitness - Circumstantial Evidence is Not Enough
- 09.18.18 - National Flood Insurance Program - Short Claims Deadline Relevant Following Hurricane Florence
- 09.11.18 - The South Carolina Property and Casualty Insurance Guaranty Association Act and Further Guidance on Statutory Interpretation
- 08.28.18 - South Carolina Supreme Court Clarifies Successor Liability
- 08.21.18 - Declaratory Judgement by Insurer: The court provides a limitation on attorney's fees and a definition of "prevailing party" under Federal Rule 54
- 08.14.18 - Typed or Written; Ambiguity or Conflict - It's All About the Insurance Contract
- 08.07.18 - A Look at Coverage Under a Personal Liability Umbrella Policy
- 07.31.18 - Bad Faith Actions in South Carolina: Will Attorney-Client Privilege Survive?
- 07.24.18 - Assault and/or Battery Exclusions - Is the Chain of Events "Immediate and Direct?"
- 07.19.18 - Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My
- 07.17.18 - Piercing the Corporate Veil: South Carolina Formally Recognizes Single Enterprise Theory
- 07.10.18 - Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages
- 07.03.18 - In Case You Were Wondering About Amount in Controversy...
- 06.26.18 - Fourth Circuit Offers a Quick Look at Defamation in South Carolina
- 06.19.18 - Continued Support for Forum Selection Clauses
- 06.12.18 - A Pleading Primer
- 06.05.18 - South Carolina Supreme Court: Insurer May Sue Defense Counsel in Malpractice
- 05.29.18 - The United States District Court Takes Another Look at South Carolina's Statute of Repose
- 05.22.18 - Reconsideration of Interlocutory Orders: The breadth and limitation of Federal Rule of Civil Procedure 54(b)
- 05.15.18 - Can a Third Party Seek a Declaration of an Insurer's Duties Under Its Policy?
- 05.08.18 - Is Your Forum Selection Clause Mandatory or Permissive: How to know the difference and why you should.
- 05.01.18 - Does South Carolina Recognize an Evidentiary Privilege for Trade Secrets?
- 04.17.18 - South Carolina’s Support of Arbitration Continues to Grow
- 04.10.18 - Mediation, Confidentiality and Set-Off: Take Two
- 04.03.18 - Trade Creditor Lacks Standing to Sue Judgment Debtor’s Insurer for Deceptive Trade Practices
- 03.27.18 - Federal Declaratory Judgment Act - What is Required for Standing?
- 03.20.18 - When Does the Time to Appeal Begin? Check your email.
- 03.13.18 - Unlicensed Lawyers and Undue Influence – Setting Aside Deed Rejected
- 03.06.18 - Will the “Real” Representative Please Stand: Litigation in Estate Proceedings
- 02.20.18 - The Evolution of Ripeness Affords Additional Opportunities for Declaratory Judgment Actions
- 02.13.18 - Late Notice Under Claims-Made Policy Torpedoes Claim
- 02.06.18 - IRAs and 401(k)s Are Safe From Judgments – For Now
- 01.30.18 - Not Every Refusal to Provide Coverage Equals Bad Faith
- 01.23.18 - Statutory Construction is Powerful: The Court Interprets “Due Date” Under a Premium Service Agreement
- 01.16.18 - John Doe Removals to Federal Court – Not so Fast!
- 01.09.18 - South Carolina's Statute of Repose: A look by the United States District Court
- 12.19.17 - Legal Malpractice – a Cautionary Carol
- 12.12.17 - Who Is Insured, What Is Insured and Why Makes a Difference
- 12.05.17 - Alleged Statutory Violations Precluded Coverage Under Business Liability Policy
- 11.28.17 - An Insurance Contract is Still a Contract: And How That Impacts Voluntary PIP Coverage
- 11.21.17 - Application of the Twenty-Year Statute of Limitations S.C.Code Ann. §15-3-520(a) - SC Mortgage Not Required
- 11.16.17 - Opioid Litigation Over Insurance Coverage – Coming to a Jurisdiction Near You
- 11.14.17 - Aiding & Abetting Fiduciary Breach: What is “Knowing Participation” by South Carolina Professionals?
- 10.30.17 - Bad Faith – Another Angle
- 10.24.17 - UIM Coverage - A Brief Look at Meaningful Offers and a Discovery Lesson
- 10.17.17 - Rule 68 Offers of Judgment: Proceed with Caution
- 10.10.17 - South Carolina Unfair Trade Practices Act: Attorney’s Fees Do Not Constitute Actual Damages
- 10.09.17 - Interesting and Useful Cases in Torts and Insurance: July 2017 in the Fourth Circuit Court of Appeals
- 10.03.17 - Insurer Violated Lien Statute and Committed Deceptive Trade Practice When Settling With Pro Se Claimant
- 09.26.17 - Products Liability? Prove It
- 09.19.17 - All that Glimmers is Not [Insurance Agency] Gold
- 09.13.17 - Interesting and Useful Cases in Torts and Insurance: June 2017 in the Fourth Circuit Court of Appeals
- 09.12.17 - Can Insurers Take Their Time? Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
- 09.05.17 - CoveredUP: Every Dog Bite has its Day (in Federal Court)
- 08.29.17 - Ripeness: A Question of Subject Matter Jurisdiction
- 08.22.17 - UIM Claims – Still No Bad Faith for Refusal to Settle, But…
- 08.15.17 - Another Assault – Another Exclusion
- 08.08.17 - Harleysville Revisited - What We Know Now
- 08.03.17 - Interesting and Useful Cases in Torts and Insurance: May 2017 in the Fourth Circuit Court of Appeals
- 08.01.17 - MEDIATION: Where the Confidentiality Ends
- 07.24.17 - Bad Faith: District Court Remands Case Involving In-house Adjuster
- 07.18.17 - Not too hot, not too cold: US District Court for SC Adopts Moderate Approach for Counterclaims in Response to Amended Complaints
- 07.14.17 - Interesting and Useful Cases in Torts and Insurance: April 2017 in the Fourth Circuit Court of Appeals
- 07.10.17 - Equitable Estoppel Halts Insurer’s Success In Bad Faith Claim
- 07.03.17 - Is Recent Legislation a Prediction of Statutory Dram Shop Liability?
- 06.27.17 - When an Assault Really Is an Assault...A sequel
- 06.13.17 - Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court
- 06.06.17 - CoveredUP: Waiver of Attorney-Client Privilege in Bad Faith Litigation
- 06.01.17 - Defamation – When the Facts Really Are the Facts
- 05.25.17 - Attention Contractors: The Right to Cure Act may still be alive!
- 05.24.17 - Interesting and Useful Cases in Torts and Insurance: March 2017 in the Fourth Circuit Court of Appeals
- 05.18.17 - UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina
- 05.05.17 - CoveredUP: Fourth Circuit Upholds 1-year Statute of Limitations on Flood Insurance Claims
- 04.17.17 - When an Assault is not an Assault: SC District Court Denies Exclusion for Alleged Nightclub Assault and Battery
- 04.13.17 - Is your Motor Vehicle Loan Safe? Insurance policies may not protect the credit union's lien
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