In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective understanding of the law, as informed by counsel, as a defense to a bad faith claim may implicitly waive the
Laney Gifford is an associate in Bradley's Litigation Practice Group. Laney graduated (summa cum laude) from the Cumberland School of Law at Samford University, where she served as both student materials editor and junior editor for the Cumberland Law Review. She was a Judge Abraham Caruthers Fellow and was named Best Oralist in the Donworth Moot Court Competition. While in law school, Laney received several Scholar of Merit Awards in courses such as Civil Procedure I, Criminal Law, Business Organizations, Constitutional Law I, Professional Responsibilities, Secured Transactions, Representing Small Businesses, Advanced Evidence, Pre-Trial Practice and Procedure, Municipal Courts, and Federal Courts. She also served as a judicial intern for the Hon. R. David Proctor of the United States District Court for the Northern District of Alabama.
The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a direct benefit from that agreement.
In Wilson v. Willis, the court considered 14 lawsuits that had been filed against an…