Under South Carolina law, insureds can receive the benefit of uninsured motorist coverage for injuries that are caused by a phantom driver, provided that the insured can establish three conditions set forth in S.C. Code Anno. §38-77-170. One of the three conditions...
Month: February 2019
Once is Enough!
The Kentucky Supreme Court in Allstate Insurance Co. v. Smith, 487 S.W.3d 857 (Ky. 2016) held that the insurer had a duty to advise its insured of the availability of underinsured motorist coverage when the policy was initially purchased. However, the insurer had no...
In Louisiana, Insurers Are Not Vicariously Liable For The Negligence Of A Roofer Who Was Provided To The Insured Under The Insurance Company’s “Direct Repair Contractor Program”
In Rubin v. American Insurance Co., 193 So. 3d 408 (La. App. 2016), American Insurance Company had a direct repair contractor program which was a list of approved contractors. If the insured used one of the approved contractors, the program provided that AIC would "be...
The Ohio Supreme Court Broadly Interprets An Abuse Or Molestation Exclusion, Finding That It Could Apply Vicariously
In World Harvest Church v. Grange Mutual Casualty Co., 148 Ohio St. 3d 11, 68 N.E.3d 738 (Ohio 2016), reconsideration denied, 146 Ohio St. 3d 1473, 54 N.E.3d 1270., the Ohio Supreme Court upheld an abuse or molestation exclusion in a CGL policy which stated that there...