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S.C. Supreme Court Rules on Statute Requiring CGL Policies to Contain a Specific Definition of "Occurrence"
S.C. Statute Requiring CGL Policies to Contain a Specific Definition of "Occurrence" Held Constitutional; Retroactive Application of Statute Held Unconstitutional
Insurance Practice Group Chair
Pete Dworjanyn Reports:
In a recent decision, Harleysville Mutual Insurance Co. v. South Carolina, (Opinion 27189, Nov. 21, 2012), the South Carolina Supreme Court held S.C. Code 38-61-70, which addresses the definition of "occurrence" in commercial general liability policies, was constitutional; however, the retroactive application of the statute was not.
Read the full report here. |
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S.C. District Court Finds E&O Endorsement Does Not Provide Coverage for Insured's Alleged Collection of Illegal Fees
On September 10, 2012, the United States District Court for the District of South Carolina held that a commercial package policy, particularly the Auto Dealers Errors and Omissions Liability ("ADEOL") endorsement, did not provide coverage to the insured automobile dealer for the underlying action, which was based on alleged violations of S.C. Code 56-15-10 to 600 and S.C. Code 37-2-307.
Find out more on the ruling here. |
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S.C. Supreme Court Holds Damages Arising Out of Title Insurance Suit Are to Be Measured From the Date of the Property's Purchase
On September 12, 2012, the South Carolina Supreme Court, on certification from the U.S. District Court for the District of South Carolina, held the insured's damages arising out of a title insurance suit should be measured as of the date of the insured's purchase of the property.
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