Insurance

Overview

Today’s insurance issues run the gamut – from ongoing changes to health insurance at the federal level, to key state court cases on liability insurance. As a result, insurance companies must stay deeply tuned into their business while balancing the legal, regulatory and economic changes we face.

Insurance carriers and policyholders constantly weigh economic risk with opportunity, and can take comfort in equipping themselves with sharp, talented lawyers who exceed client expectations. Turner Padget’s Insurance Industry Team handles matters in state and federal venues, at both the trial and appellate levels. We show up prepared and do things the right way garnering respect from courts and opposing counsel alike.

Since our firm’s founding in 1929, we are grateful for the opportunity to have served this evolving industry and to have ultimately helped shape the laws in the states in which we operate. We provide as much a business solution as a legal solution, whether mounting an effective defense in complex insurance litigation, lobbying the legislature on behalf of insurers, or efficiently handling routine insurance coverage disputes.

Experience

Served as South Carolina legislative counsel for the American Insurance Association responsible for representing insurer interests in legislation.
Served as General Counsel for the South Carolina Commercial Automobile Insurance Plan, an industry volunteered residual market for commercial automobile insurance. We drafted original plan documents and rules, and application forms, and advised the governing board.
Defended an automobile insurer by obtaining summary judgment in the U.S. District Court and also prevailed on appeal in case where the plaintiffs attempted to pursue a class action against the carrier for its interpretation of the auto policy in offsetting underinsured motorist (UIM) payments by amounts previously paid under Medical Payments coverage. Rowzie v Allstate Ins. Co., 556 F.3d 165 (4th Cir. 2009).
Won dismissal of a class action lawsuit claiming excessive rate against an insurer and its state reinsurer, based upon the first judicial recognition of the filed rate doctrine as applicable to insurance in South Carolina. Edge v. State Farm Mut. Auto. Ins. Co., 366 S.C. 511, 623 S.E.2d 387 (2005).
Appeared as amicus curiae for the American Insurance Association and Property and Casualty Insurers Association of America on rehearing of appeal. We won reversal of an adverse coverage determination that project damages due to contractor’s faulty workmanship constituted an “occurrence” under a CGL policy. L-J, Inc. v. Bituminous Fire & Marine Ins. Co., 366 S.C. 117, 621 S.E.2d 33 (2004).
Won reversal of bad faith and punitive damage jury verdict against an insurer based on its alleged negligent nonrenewal of a homeowner’s policy due to past claims. We secured entry of judgment in favor of the insurer. Hinkle v. National Cas. Co., 354 S.C. 92, 579 S.E.2d 616 (2003).
Successfully represented a homeowner insurer in coverage determination that sexual molestation is an “intentional act” and does not come within the definition of “occurrence.” This decision persuaded the state of South Carolina to adopt the “inferred intent” doctrine for acts of sexual predators. Manufacturers and Merchants Mut. Ins. Co. v. Harvey, 330 S.C. 152, 498 S.E.2d 222 (Ct. App. 1998).
Tried a large variety of automobile accident cases to verdict, including large and small accidents and trucking cases in both South and North Carolina.
Used experts to establish that a plaintiff, although not legally intoxicated, caused the accident because he could not perform the tasks necessary to safely operate a motorcycle. After a weeklong trial, the jury found the plaintiff 70 percent at fault and returned a defense verdict on the loss of consortium claim. The appeal of the jury verdict resulted in an affirmation of the original verdict in a published opinion of the Supreme Court of South Carolina.
Tried to a defense verdict a federal railroad litigation case involving the alleged wrongful death of a grandmother in a crossing accident.
Defended a chemical company in more than 100 cases for mass tort injuries allegedly sustained in a railcar leak during shipment of the company’s ammoniated fertilizer solution.
Negotiated settlements of multiple dram shop death claims arising out of an automobile accident involving the serving of alcoholic beverages to the at-fault driver.