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5-12-2021 - Opinions
We answer a certified question from the United States District Court for the District of South Carolina asking whether an insurer may depreciate the cost of embedded labor in determining the actual cash value of damaged property. Answer: Yes.
The Court dismisses the writ of certiorari as improvidently granted.
Kristina Knight agreed to an endorsement to her Nationwide automobile insurance policy providing the coverage in the policy would not apply to her husband. She now claims the endorsement excluding coverage for her husband violates public policy and Nationwide cannot enforce it. We find the exclusion is clear and unambiguous and is not in violation of any statute. Therefore, we hold the exclusion is enforceable. We affirm the court of appeals.5-19-2021 - Opinions
A jury convicted Terrance Edward Stewart of distribution of heroin and two crimes based on his knowing possession of illegal drugs: trafficking in heroin and what we commonly refer to as "simple possession" of oxycodone. We hold the trial court's jury instruction regarding the definition of constructive possession and the explanation of an inference of "knowledge and possession" was erroneous. We reverse the trafficking and simple possession convictions and remand those charges for a new trial. However, because the erroneous jury instruction did not prejudice Stewart on the distribution charge, we affirm the distribution conviction.