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South Carolina
Judicial Department
Court of Appeals Published Opinions - December 2023

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.


12-13-2023 - Opinions

6038 - Portrait Homes v. Pennsylvania National Mutual

This very complicated case concerns insurance coverage under commercial general-liability insurance policies, including claims of bad faith, arising out of underlying construction defect lawsuits when Penn National Mutual Casualty Insurance Company asserts its insured, a subcontractor, did not notify it of the lawsuits and declined coverage. We affirm.

6039 - Anita Chabek v. AnMed Health

In this negligence action, Appellants Anita and James Chabek argue the circuit court erred in granting summary judgment in favor of Respondents AnMed Health and Dr. Larry Davidson because (1) the statute of limitations does not bar their medical negligence and negligent supervision claims, and (2) our state's informed consent doctrine permits recovery for a physician's failure to disclose personal life factors. We affirm in part, reverse in part, and remand.

12-20-2023 - Opinions

6040 - Melissa Dixon v. Weekley Homes, LLC

This case arises out of Melissa and Willard Dixon's lawsuit alleging the home they purchased from Lansing and Stephanie Pattee (the Pattees) was defective. Weekley Homes, LLC constructed the home. Weekley appeals the circuit court's denial of its motion to compel arbitration. It contends the Pattees' purchase agreement with it (the Agreement) involved interstate commerce, which the Agreement explicitly stated, and provided the Federal Arbitration Act would apply. We reverse.