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Here’s Soot in Your Eye – Wildfires without Property Damage

The California Court of Appeal, Second Appellate District, just released an opinion in Gharibian v. Wawanesa General Insurance Co. addressing insurance bad-faith claims arising out of the California wildfires in 2019. ...more

John Doe Removals to Federal Court – Not so Fast!

In a recent decision of Brown v. Doe, 2018 WL 316714, the U.S. District Court for the District of South Carolina remanded a John Doe action to the state court. Briefly, Plaintiff, who was driving her employer’s vehicle, was...more

Every Dog Bite has its Day (in Federal Court)

In Lighthouse Property Insurance Corp. v. Rogers, 2017 WL 3634593, the United States District Court for the District of South Carolina considered a motion to dismiss for lack of subject matter jurisdiction in an action...more

Bad Faith: District Court Remands Case Involving In-house Adjuster

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:...more

Waiver of Attorney-Client Privilege in Bad Faith Litigation

The United States District Court has confirmed in a recent decision that in most circumstances, the attorney-client privilege will be waived in bad faith litigation in South Carolina. In Contravest, Inc. v. Mt. Hawley Ins....more

UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

Fourth Circuit Upholds 1-year Statute of Limitations on Flood Insurance Claims

In Woodson v. Allstate Insurance Co., the United States Court of Appeals for the Fourth Circuit recently upheld a one-year statute of limitations in flood insurance claims. Briefly, Hurricane Irene flooded the home of...more

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