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Collins & Lacy Elects Greenville Attorney Mike Pitts as Managing Partner
Insurance Chair Pete Dworjanyn Reports:
I am pleased to announce Collins & Lacy attorney Mike Pitts has been elected as the managing partner of our firm. Mike is innovative, determined, and diligent in his work on behalf of South Carolina businesses - and that includes Collins & Lacy. We are excited to welcome Mike to this leadership position and this new chapter for our firm. Please join me in congratulating Mike Pitts.
Read more about Mike here. |
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Collins & Lacy Attorneys Litigate Landmark Case Gladden v. Boykin, which has Implications for Insurance and Construction Law
S.C. Supreme Court Holds Limit of Liability Provision Is Neither Unconscionable nor Against Public Policy
Contractual limitation of a home inspector's liability does not violate South Carolina public policy and, as a matter of law, is not unconscionable, according to a March 2013 opinion of the S.C. Supreme Court in Gladden v. Boykin. Finding such limit of liability clauses are enforceable, the court specifically noted the lack of a requirement that home inspectors carry E&O insurance as evidence of South Carolina's public policy.
Find out more on the ruling here.
Gladden v. Boykin was featured as the front page story this week in South Carolina Lawyers Weekly.
Buyer Beware! by David Donavon focuses on the "sharply divided ruling that the clause in the contract limiting the inspector's liability was enforceable." Collins & Lacy attorneys Joey McCue and Logan Wells represented Palmetto in this case. As Donavon writes, "The decision likely will have major ramifications for the home inspection industry." |
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S.C. Supreme Court Rules on the Scope of an Arbitration Clause
 Insurers and insureds have occasion to dispute whether lawsuits between them are subject to arbitration clauses in insurance policies. While Landers v. FDIC did not involve an insurance policy, the South Carolina Supreme Court's holding that an employee's breach of contract claim and related tort claims were all within the scope of an arbitration clause in his employment contract and thus subject to arbitration, could apply in insurer/insured litigation.
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