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Jack Daniel and Arden Lowndes Obtain Dismissal for Insurance Carrier

February 28, 2020

Jack Daniel and Arden Lowndes obtained a dismissal for a large national insurer based upon a coverage defense.  The case involved the application of South Carolina’s underinsured motorist law and whether the Plaintiff, who was involved in an accident while operating his motorcycle, was entitled to recover underinsured motorist coverage from an “at-home” policy.  The summary judgment motion involved questions about the portability of insurance and related insurance stacking concepts, which can be a complex under state law.  Although the Circuit Court granted summary judgment based primarily on defense counsel’s portability argument, the discovery also established that Plaintiff was given an meaningful offer of underinsured coverage that complied with South Carolina’s strict standard even though the offer was conveyed as an online offer of insurance.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.