The store that sold the beer is suing its insurers

The Parker family and others named in the defamation suit have denied the allegations. But they say they still need Amerisure and Utica to defend them in the potentially expensive litigation. Both commercial liability policies offered $1 million per occurrence and an aggregate limit of $2 million.

The insurers have not yet filed a response to the Parker lawsuit. But the complaint notes that the carriers sent denial letters in 2022 denying coverage: Amerisure argued that the mediation video was leaked before the policy period began and that the policy excludes coverage for claims of materials that were illegally provided.

Parker’s Corp. countered that the underlying defamation suit does not allege violations of law and that the date the video was leaked is merely an allegation made by the Beach family.

Utica denied coverage and legal defense on the grounds that the defamation suit does not involve personal injury, according to the terms of the insurance policy. The policy also does not cover damage caused by the publication of “non-public information” and does not cover personal and publicity injuries resulting from the publication of material that policyholders knew to be false, Utica said, according to Parker’s complaint.

“Furthermore, Utica is precluded from asserting any coverage defenses not expressly included in its denial letter dated January 27, 2022, because an insurer is not permitted in Georgia to deny coverage and at the same time reserves the right to later assert other bases for coverage. denial,” the Parker lawsuit argues.

Parker Corp., which owns convenience stores in Georgia and South Carolina, is asking the U.S. District Court for Northern Georgia to declare that the insurance companies must defend the store company in the defamation suit and award damages to Parker’s for the insurers. defenseless.

The sale of alcohol to Paul Murdaugh, who apparently used his older brother’s ID, that night in 2019 and the subsequent insurance settlement were cited as an example of how the Carolinas’ “uniform” liability laws South have caused insurance premiums. to soar, putting more places out of business.

Critics said the law does not allow apportionment of blame, but allows juries to award the majority of damages to defendants with the deepest pockets or the best insurance coverage. Although several other establishments sold booze to Murdaugh and friends that night, Parker’s store was facing the brunt of the damage.

The South Carolina General Assembly failed to pass a number of bills this year, including ones that would have repealed the joint liability law and others that would have provided insurance funds for food and beverage establishments.

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Lawsuits South Carolina Carriers