right to control defense (South Carolina) · Go Syfert
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right to control defense in South Carolina

5 South Carolina opinions name it 2 courts 2011–2023 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Tyger River Pine Co. v. Maryland Casualty Co.green
sc · 1933 · cited in 3 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017Co., 170 S.C. 286 , 170 S.E. 346, 348 (1933) (observing that where an insurer reserves the right to control the defense, the insured is “directly deprived of a voice or part in such negotiations and defense” and noting that if an insurer’s interests conflict with those of its insured, the insurer is “bound, under its contract of indemnity, and in good faith, to sacrifice its interests in favor of those of the [insured]”); see also Remodeling Dimensions, Inc. v. Integrity Mut.

2017Co., 170 S.C. 286 , 170 S.E. 346, 348 (1933) (observing that where an insurer reserves the right to control the defense, the insured is “directly deprived of a voice or part in such negotiations and defense” and noting that if an insurer’s interests conflict with those of its insured, the insurer is “bound, under its contract of indemnity, and in good faith, to sacrifice its interests in favor of those of the [insured]”); see also Remodeling Dimensions, Inc. v. Integrity Mut.

33
Dawkins v. Jordanred
sc · 2000 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011In analyzing the right to control factors, the Appellate Panel’s decision cited to Dawkins v. Jordan, and noted that "any single factor is not merely indicative of, but, in practice, virtually proof of, the employment relation; while, in the opposite direction, contrary evidence is as to any one factor at best only mildly persuasive evidence of contractorship, and sometimes is of almost no such force at all.” 341 S.C. 434, 439 , 534 S.E.2d 700, 703 (2000).

2011In analyzing the right to control factors, the Appellate Panel’s decision cited to Dawkins v. Jordan, and noted that "any single factor is not merely indicative of, but, in practice, virtually proof of, the employment relation; while, in the opposite direction, contrary evidence is as to any one factor at best only mildly persuasive evidence of contractorship, and sometimes is of almost no such force at all.” 341 S.C. 434, 439 , 534 S.E.2d 700, 703 (2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Allstate Insurance v. Wilson green
sc · 1972
1 sentence

2023The district court found the policy language provided the insurer "the right to defend [the insured], and . . . under established South Carolina law, that right includes the right to control the defense and select defense counsel." Id.

12023–2023

Statutes the citing opinions construe

SC § S.C. Code Ann. § 33-14-210 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 25 (1999–2026) OR 23 (1980–2014) IL 16 (1976–2021) TX 15 (1960–2025) ID 15 (1983–2026) CT 11 (1997–2019) NM 9 (1995–2015) WI 8 (1986–2021) WA 7 (2012–2024) NJ 7 (1978–2021) UT 6 (1995–2022) OH 6 (1984–2023) VT 6 (2004–2025) AZ 5 (1986–2019) SC 5 (2011–2023) NY 5 (1981–2013) ME 4 (1985–2014) ND 4 (1967–1991) KS 3 (2009–2019) MO 3 (1992–2007) GA 2 (2013–2015) MD 2 (1997–1997) HI 2 (1998–2023) IA 2 (2025–2025) LA 2 (1995–2007) MA 2 (1996–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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