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Timely Notice is your on-the-go source for sharp takes and expert analysis on the latest trends, debates, and developments in the legal industry.

May 17, 2018

David Brown, the Co-Chair of Goldberg Segalla’s Global Insurance Services Group who resides in Greensboro, NC, discusses the Supreme Court of South Carolina decision in Harleysville Group Insurance v. Heritage Communities, Inc., 803 S.E.2d 288 (S.C. 2017).  David brings to the discussion his over 25 years of practicing in South Carolina. 

David first addresses the significance of Heritage Communities, including the Court’s finding that the insurance carrier’s reservation of rights letter was inadequate.  He then explains why the effects of Heritage Communities may not be limited to the Carolinas.  Hence, David offers insights for how carriers can avoid similar adverse findings in other circumstances and jurisdictions. 

David also addresses the import of Heritage Communities a year later.  Based on recent developments and unanswered questions from the decision, David provides suggestions to carriers who must confront how and when to seek an allocation of damages.