The South Carolina Supreme Court issued a decision on 7/26/2017 which provides some good information regarding the purposes and requirements of reservation of rights (ROR) letters. The Court held in Harleysville Group Insurance Corporation v. Heritage Communities, Inc., 420 S.C. 321, 803 S.E.2d 288 (2017), that an insurer’s ROR letter in a construction defect case was insufficient to reserve its ...Read More
DUTY TO DEFEND TRIGGERED BY EXTRINSIC EVIDENCE
A U.S. District Court decision issued 11/25/2020 is a good illustration of the rule that if a Complaint implicates the possibility of coverage, the insurer’s duty to defend cannot be eliminated by extrinsic evidence that demonstrates no coverage, and if it is determined that the insurer’s refusal to defend was unjustified, it will be obligated to pay the underlying judgment. In Craige v. Gov’t Em...Read More
Homeowner’s Policy does not provide liability coverage for vandalism by minors
On 8/1/2017 the North Carolina Court of Appeals issued a decision which provides two helpful takeaways for the insurance law practitioner. In Plum Properties, L.L.C. v. N.C. Farm Bureau Mut. Ins. Co., 254 N.C. App. 741, 802 S.E.2d 173 (2017), Plum Properties, L.L.C. (Plum) filed a tort action against two minors and their mothers, alleging that the minors “intentionally, willfully and maliciously”...Read More
Welcome to our new website!
It's been in the works for a couple months and here it is! Hope you like it.Read More