Justia South Carolina Supreme Court Opinion Summaries

Appellant Dorris Green, representing his child who was injured while a passenger in his mother's automobile, contended that as a matter of public policy the courts of South Carolina should refuse to recognize the validity of a family member exclusion in a Florida car insurance policy. Further, he contended that the circuit court erred in finding there was no uninsured motorist coverage for his minor child under his Florida policy. The Supreme Court agreed with the circuit court that enforcement of this exclusion, valid under Florida law, did not offend South Carolina public policy, and that there was no underinsured coverage for father's minor child under the father's policy. The Court therefore affirmed the grant of summary judgment to the insurance company. View "Green v. USAA" on Justia Law

White Oak Manor, Inc. owns and operates a nursing home in York. After sustaining injuries from the improper replacement of a feeding tube, a White Oak resident filed a lawsuit against the nursing home. White Oak ultimately settled the lawsuit without the involvement of its insurer, Lexington Insurance Company. White Oak subsequently filed a declaratory judgment action against Lexington to determine coverage for the malpractice claim. The issue this case presented to the Supreme Court concerned the validity of a service-of-suit clause in an insurance policy in light of Section 15-9-270 of the South Carolina Code (2005) which provides for service of process on an insurer through the Director of the Department of Insurance. The circuit court upheld the service-of-suit clause and refused to relieve the insurer from default judgment. The court of appeals reversed, holding section 15-9-270 provided the exclusive method for serving an insurance company. In its review, the Supreme Court disagreed that section 15-9-270 provided the exclusive means of service on an insurer and held that insurance policy provisions creating alternative methods of service are valid and binding on insurers. Accordingly, the court of appeals' decision was reversed. View "White Oak Manor v. Lexington Insurance Company" on Justia Law

Kenneth Poch and Kevin Key were temporary workers contracted through Personnel Resources of Georgia, Inc. and Carolina Staffing, Inc. d/b/a Job Place of Conway, to work for Bayshore Concrete Products/South Carolina, Inc. to clean up a concrete casting worksite and dismantle equipment used to produce concrete forms. As a result of a tragic, work-related accident, Poch was killed and Key was injured. Poch's estate and Key received workers' compensation benefits through Job Place. Subsequently, Key and his wife and the estate of Poch filed suit against Bayshore SC and its parent company, Bayshore Concrete Products Corporation. The circuit court granted the company's motion to dismiss the actions on the ground that workers' compensation was Petitioners' exclusive remedy and, therefore, the company was immune from liability in a tort action. The Court of Appeals affirmed the circuit court's order. Though the Supreme Court agreed with the result reached by the Court of Appeals, it found the court incorrectly analyzed Petitioners' arguments. Accordingly, the Court affirmed as modified. View "Poch v. Bayshore Concrete" on Justia Law

Respondent Francina Bardsley's home was hit by a speeding car. The car ran through the house, struck and killed her husband, Frederic Bardsley, and caused substantial property damage. The liability coverage of the driver was exhausted in settlement of the wrongful death action, and upon review, the Supreme Court was asked to consider the impact of the collateral source rule on underinsured motorist property damage coverage where the homeowners' policy has already paid for the property damage. The Court held the collateral source rule did not apply and there was no underinsured motorist property damage coverage available. View "Bardsley v. Government Employees Insurance" on Justia Law

Automobile insurer Progressive Max Insurance Co. brought a contribution action against Floating Caps, Inc., d/b/a Silver Dollar Cafe (Silver Dollar), a Charleston bar, under South Carolina's Uniform Contribution Among Tortfeasors Act (UCATA) after Progressive settled a tort action involving a Silver Dollar patron. The circuit court found the contribution claim was not preserved and granted summary judgment to the Silver Dollar. After review, the Supreme Court concluded the UCATA provisions governing the right of contribution precluded Progressive's contribution action and that Progressive did not establish that it was entitled to reformation. Consequently, the Court found no error in the circuit court's grant of summary judgment to the Silver Dollar. View "Progressive Max Insurance v. Floating Caps" on Justia Law

In a declaratory judgment action, the issue before the Supreme Court was whether the circuit court erred when it found a commercial general liability (CGL) policy provided coverage when a brick face was damaged by improper cleaning after the insured general contractor completed its installation. After review, the Court concluded the policy did not provide coverage. View "Bennett & Bennett Construction v. Auto Owners Insurance" on Justia Law

Following Appellant Darren Pollack's injury on the job, his employer accommodated his work restrictions by providing him light duty employment. Later, Appellant was discharged for violating a company policy by failing to report an accident involving an employer vehicle. Appellant filed a claim seeking Temporary Total Disability benefits. The Workers' Compensation Commission denied the claim, holding Appellant's termination and resulting incapacity to earn wages was due to his violation of company policy and not his work-related injury. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Pollack v. Southern Wine & Spirits" on Justia Law

Employee-claimant Cathy Bone filed a workman's compensation claim for a work-related injury. The employer, U.S. Food Service, and its carrier Indemnity Insurance Co. of North America disputed the claim. The single commissioner and an Appellate Panel of the South Carolina Workers' Compensation Commission issued orders denying the claim. Under the procedure then in place, Bone appealed to the circuit court, which concluded the injury was compensable and remanded the matter to the Commission for further proceedings. The employer appealed the circuit court's order, and the Court of Appeals dismissed the appeal on the basis the order was not a "final judgment" and thus not immediately appealable because further proceedings were ordered before the administrative agency. The Supreme Court granted Petitioners' petition for a writ of certiorari to review the decision of the Court of Appeals, and the Supreme Court affirmed. The high court subsequently granted a petition for rehearing filed by the employer, and it additionally granted the following two motions: (1) Bone's motion to argue against precedent, and (2) the motion of the South Carolina Defense Trial Attorneys' Association to accept its Amicus Curiae Brief in support of Petitioners. After considering the record in this matter, as well as the briefs and arguments, the Court adhered to its original decision to affirm. View "Bone v. U.S. Food Service" on Justia Law

Petitioner Shannon Hutchinson was the beneficiary of a mortgage life insurance policy. She sued Liberty Life Insurance Company after it denied her benefits under a policy exclusion for injury resulting from the insured's being intoxicated. The insured-decedent was under the influence of methamphetamine at the time of his accidental death. The circuit court granted Petitioner summary judgment, finding methamphetamine was not a narcotic under the policy. The appellate court reversed, finding the plain meaning of "narcotic" was enough to qualify as a narcotic. Petitioner petitioned the Supreme Court; the Supreme Court reversed the appellate court, finding the appellate court ready the policy exclusion to deny coverage for injuries from unlawful use of intoxicating substances: "this reading rewrites rather than interprets the insurance policy's exclusionary clause." View "Hutchinson v. Liberty Life Insurance" on Justia Law

Alea London Limited (insurer) appealed a circuit court's denial of its motion to set aside an order of a special referee that granted Respondent Elisa Narruhn an assignment of rights in supplemental proceedings held in conjunction with another lawsuit. The underlying suit was filed after Respondent was shot while attending a nightclub in Myrtle Beach. A special referee was appointed to conduct supplemental proceedings to determine whether the club had any assets to satisfy Respondent's judgment. The referee granted Respondent an assignment of any and all rights, including any claims, the club might have had against the Insurer (which issued the club a liability insurance policy). Respondent subsequently sued the Insurer seeking damages for failing to pay or defend a claim. Upon review, the Supreme Court modified the circuit court's order, but affirmed. View "Narruhn v. Alea London Limited" on Justia Law