Brief Facts: Insurance carrier (Harleysville) insured a Developer which was sued under several names or "d/b/a" identities. Developer was sued for construction defects. Carrier defended the claims on behalf of the Developer under various reservations of rights. General verdicts were returned against the Developer entities for $4,500,000.00 in actual damages and $1,000,000 in punitive damages. Insurance carrier then filed … Continue reading Harleysville Decision Confirms Crossman, cautions insurance carriers
joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.
A Charleston County jury awarded condominium owners a $7.7 million dollar verdict this month which many believe to be the largest construction defect verdict in state history. The verdict was rendered against a subcontractor that was not able to settle its portion of the suit prior to trial through alternative dispute resolution. Amazingly, the jury … Continue reading South Carolina Jury Awards Monster Construction Defect Verdict