Legal Opinion

Masterclean, Inc. v. Star Insurance

Supreme Court of South Carolina

Decided November 26, 2001No. 25379PublishedCited by 20 opinions

1Opinion of the CourtJustice Burnett

We agreed to answer the following questions certified by the United States District Court for the District of South Carolina:

Does South Carolina recognize a cause of action in tort by a principal against its surety for the surety’s bad faith refusal to pay first party benefits to an obligee pursuant to a construction performance bond?

If so, what are the elements of this cause of action and what legal standards apply to the surety’s actions in the investigation and resolution of an obligee’s claim against the bond? Does a principal have a private right of action against its surety pursuant to…

2Cases cited23 opinions

  1. Associated Indemnity Corp. v. CAT Contracting, Inc.Texas Supreme Court · 1998
  2. Great American Insurance Co. v. North Austin Municipal Utility District No. 1Texas Supreme Court · 1995
  3. Cates Construction, Inc. v. Talbot PartnersCalifornia Supreme Court · 1999
  4. Nichols v. State Farm Mutual Automobile InsuranceSupreme Court of South Carolina · 1983
  5. Transamerica Premier Insurance Co. v. Brighton School District 27JSupreme Court of Colorado · 1997

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. DADELAND DEPOT. v. St. Paul Fire and MarineSupreme Court of Florida · 2006
  2. Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
  3. Snyder v. State Farm Mutual Automobile InsuranceDistrict Court, D. South Carolina · 2008
  4. Ocean Winds Council of Co-Owners, Inc. v. Auto-Owners InsuranceDistrict Court, D. South Carolina · 2002
  5. Boldt Co. v. Thomason ElectricalDistrict Court, D. South Carolina · 2007

15 more not listed; retrieve them via the Exa API.

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