default rule (South Carolina) · Go Syfert
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default rule in South Carolina

6 South Carolina opinions name it 2 courts 2001–2025 2 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 (3)

CaseFollowedCited
Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurancegreen
scctapp · 2015 · cited in 2 South Carolina opinions naming this issue, 2023–2025
2 sentences

2025The court noted, our supreme court in Crossmann II ruled that "the default rule is subject to alteration at the discretion of the trial court." Id.

2023The court noted, our supreme court in Crossmann II ruled that "the default rule is subject to alteration at the discretion of the trial court." Id.

22
Roller v. Gunngreen
ca4 · 1997 · cited in 1 South Carolina opinions naming this issue, 2013–2013
1 sentence

2013Id. at 239.

11
Ricks v. Weinrauchgreen
scctapp · 1987 · cited in 1 South Carolina opinions naming this issue, 2001–2001
2 sentences

2001"The standard for granting relief from an entry of default is good cause under Rule 55(c) ... while the standard is more rigorous for granting relief from a default judgment under Rule 60(b)....” Ricks v. Weinrauch, 293 S.C. 372, 374 , 360 S.E.2d 535, 536 (Ct.App. 1987).

2001"The standard for granting relief from an entry of default is good cause under Rule 55(c) ... while the standard is more rigorous for granting relief from a default judgment under Rule 60(b)....” Ricks v. Weinrauch, 293 S.C. 372, 374 , 360 S.E.2d 535, 536 (Ct.App. 1987).

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 (5)

CaseCitedYears
Harleysville Group Insurance v. Heritage Communities, Inc. green
sc · 2017
2 sentences

2025However, absent such proof, assuming an even progression is a logical default." Id. "[W]he[n] it is impracticable to calculate the exact measure of damages attributable to the injury that triggered each policy, the default rule is that an insurer's pro rata share of the damages is a function of the total number of years damages progressed and the portion of those years a particular insurer provided coverage." Heritage Cmtys., Inc., 420 S.C. at 336 , 803 S.E.2d at 296 (citing Crossmann II, 395 S.C. at 64–65, 717 S.E.2d at 602 ).

2025However, absent such proof, assuming an even progression is a logical default." Id. "[W]he[n] it is impracticable to calculate the exact measure of damages attributable to the injury that triggered each policy, the default rule is that an insurer's pro rata share of the damages is a function of the total number of years damages progressed and the portion of those years a particular insurer provided coverage." Heritage Cmtys., Inc., 420 S.C. at 336 , 803 S.E.2d at 296 (citing Crossmann II, 395 S.C. at 64–65, 717 S.E.2d at 602 ).

22023–2025
Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance green
sc · 2011
2 sentences

2025Rather, it is a default rule that assumes the damage occurred in equal portions during each year that it progressed." Id. at 65 , 717 S.E.2d at 602 .

2025Rather, it is a default rule that assumes the damage occurred in equal portions during each year that it progressed." Id. at 65 , 717 S.E.2d at 602 .

22023–2025
Pope v. Heritage Communities, Inc. green
scctapp · 2011
1 sentence

2017Id. at 64-65, 717 S.E.2d at 602 .

12017–2017
Smoak v. Carpenter Enterprises, Inc. green
sc · 1995
2 sentences

2003This Court's decision in Smoak indicates that the default rule of interpretation for indemnity clauses is that third party claims are a prerequisite to indemnification. 319 S.C. at 224 , 460 S.E.2d at 383 .

2003This Court's decision in Smoak indicates that the default rule of interpretation for indemnity clauses is that third party claims are a prerequisite to indemnification. 319 S.C. at 224 , 460 S.E.2d at 383 .

12003–2003
Wham v. Shearson Lehman Bros., Inc. green
scctapp · 1989
2 sentences

2001Wham v. Shearson Lehman Bros., 298 S.C. 462 , 381 S.E.2d 499 (Ct.App.1989).

2001Wham v. Shearson Lehman Bros., 298 S.C. 462 , 381 S.E.2d 499 (Ct.App.1989).

12001–2001

Where else courts name it

CA 289 (1929–2026) TX 115 (1977–2026) IL 83 (1911–2026) FL 60 (1970–2026) DE 51 (1996–2026) NY 49 (1938–2026) WA 44 (1909–2025) OH 41 (1998–2026) PA 38 (1927–2026) MI 31 (2007–2025) CT 30 (1991–2026) AZ 28 (1969–2024) IA 28 (1976–2026) MO 27 (1986–2025) OR 26 (1909–2025) LA 26 (1982–2025) DC 22 (2001–2026) WI 22 (1997–2024) MD 22 (1986–2025) UT 18 (2002–2022) MA 17 (1927–2025) NC 16 (1896–2026) NJ 16 (1952–2025) VA 15 (1989–2025) GA 14 (1962–2026) MN 14 (1982–2025) MS 14 (1999–2024) CO 13 (1974–2026) AL 13 (1987–2023) NM 13 (1983–2023) SD 11 (1985–2024) IN 10 (1969–2025) AK 10 (1976–2025) ME 9 (1968–2022) MT 9 (1978–2016) ID 8 (1908–2025) WY 8 (2002–2025) ND 8 (1981–2014) KS 7 (2006–2026) HI 6 (1999–2024) SC 6 (2001–2025) KY 5 (2005–2024) NH 5 (1982–2025) TN 5 (1952–2020) NE 4 (1990–2024) OK 4 (2015–2022) WV 4 (2014–2024) NV 2 (2000–2025) RI 2 (2010–2010)

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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