The Supreme Court of South Carolina ruled that a state statute does not grant third-party claimants the right to sue an insurer for a failure to fulfill a statutory duty related to liquor liability coverage. The case is Denson v. Nat'l Cas. Co., 886 S.E.2d 228 (S.C. 2023).

Underlying Case

Garland Denson (the deceased) was killed in an auto collision with a drunk driver, who had allegedly been served too much alcohol at a nearby bar. As the decedent’s affairs went through probate, his personal representative, Anthony Denson (Denson) discovered the bar’s mandatory liquor liability coverage had expired and not been renewed; at the time of the collision, the bar only had coverage through a CGL policy.