Labouseur v. Harleysville Mutual Insurance

Toal, Justice:

We granted certiorari to review the Court of Appeals’ decision in Labouseur v. Harleysville Mut. Ins. Co., 298 S.C. 213, 379 S.E. (2d) 291 (1989), which held that the South Carolina Workers’ Compensation Commission has exclusive jurisdiction over the subject matter of an action brought by an employer against his workers’ compensation insurance carrier and insurance agent for wrongful cancellation of a policy. We affirm as modified.

FACTS

John Labouseur, who operates a restaurant business known as “Turpin’s,” purchased a workers’ compensation insurance policy with Harleysville…