We hope you find this edition of Insurance Coverage Quarterly useful. If you have any questions, please contact our Collins & Lacy Insurance Practice Group Chair Pete Dworjanyn.
 

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Directors and Officers Insurers Win Summary Judgment on Specific Litigation Exclusion  

 

Collins & Lacy Pete Dworjanyn

Insurance Practice Group Chair 

Pete Dworjanyn Reports:

 

Directors and Officers policies are typically claims-made policies which attempt to exclude coverage for wrongful acts which occur after the inception of the policy but arise from a nucleus of facts which preceded the inception of the policy. As a result, questions as to whether later acts are "interrelated" with prior acts can be tremendously important. A recent decision by the United States District Court for the Central District of California, XL Specialty Insurance Co. v. Michael Perry, June 27, 2012, granted summary judgment to insurers on interrelatedness grounds and provides an interesting discussion of the issue.
 

Read more about this case's impact on directors and officers insurers.

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The Implications of Jessco, Inc. v. Builders Mutual Insurance Co. 

 

Collins & Lacy Logan Wells

Attorney Logan Wells Reports:
 
A recent opinion of the United State Court of Appeals for the Fourth Circuit addressed a multitude of issues presented in litigation involving commercial general liability policies - the "your work" exclusion, late notice, and the duty to indemnify. The case also offers lessons about appellate attorneys' fees.
 

See what Jessco, Inc. v. Builders Mutual Insurance Co. means for future general liability policies.

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Charleston Grocery Store Prevails in CGL Dispute

  
Bennett Crites Collins & Lacy
Attorney Bennett Crites Reports:
 
A Charleston grocery store prevailed in a recent ruling involving a coverage dispute after a shooting in the store. In Pennsylvania National Mutual Casualty Insurance Company v. DOSCHER'S SUPER MARKETS, Dist. Court, D. South Carolina 2012, Anita Thorne, as Guardian ad Litem for Burton Thorne, brought suit in the Court of Common Pleas for Charleston County with respect to injuries her son sustained when he was shot by a coworker at Doscher's Super Market. As a result, Penn National Insurance Company, Doscher's insurer, subsequently filed suit against Doscher's in United States District Court regarding Penn National's duty to defend and indemnify Doscher's in the underlying state court action.

 

Learn more about the CGL dispute here.

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Nationwide Mutual Ins. Co. v. Rhoden, Arrieta and Dickey - UIM Coverage Case 

 

Insurance Practice Group Chair Pete Dworjanyn Reports:

 

In a 3-2 decision, the South Carolina Supreme Court has concluded that public policy is offended by a portability limitation clause which purports to prevent non-resident relatives from importing UIM coverage from an at-home vehicle's policy when the involved vehicle lacks UIM coverage. Nationwide Mutual Insurance Company v. Rhoden, Arrieta and Dickey (Op. No. 27131, June 13, 2012). 

 

Read about the implications of Nationwide Mutual v. Rhoden.

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  • first party claims
  • commercial liability
  • errors and omissions
  • directors and officers
  • occupational accident
  • bad faith claims. 

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