Breach of Contract Cases
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Breach of Contract

Court of Appeals of South Carolina
Uncategorized

A. Tebele & Sons v. Certain Underwriters — Fire-loss coverage denial and agent verdict affirmed

The Court of Appeals affirmed across the board. The policy was not ambiguous merely because the endorsement used no special symbol next to the insured location or left the word “maintained” undefined. Read as a whole, the documents identified properties represented as fully sprinklered, and requiring a sprinkler system to be maintained in complete working order could not reasonably cover a system that had never been connected or made operational. Language covering additions under construction did not transform the unfinished sprinkler work into coverage for the destroyed building.

Court of Appeals of South Carolina
Uncategorized

U.S. Bank Trust v. Singleton — Foreclosure rulings reversed after note-holder errors

The Court of Appeals reversed and remanded. Under South Carolina law, transfer of the secured note carries the mortgage, so the master erred by finding Waterfall was the note holder but not the mortgage holder. The court also required reconsideration of the foreclosure demand and proper allocation of insurance proceeds under the record and contract. On remand, the court must consider interest, escrow charges, corporate advances, attorney’s fees, and the prior servicer’s possible application of proceeds to missed payments.

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