Broome v. Watts

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that statutorily mandated set-off was not an affirmative defense that had to be pled because, inter alia, it \was not a matter properly triable to the jury\
• holding the statutory right to setoff was not an affirmative defense falling within the residuary clause of Rule 8(c), SCRCP, because setoff was required by statute and was not an issue for the jury
• calculating a credit for a UIM carrier following plaintiff's prior settlement with at-fault motorist's liability insurer
• noting \[t]he South Carolina Department of Insurance has . . . stat[ed] that [section] 38-77-160 does not sanction collusive settlements or . . . otherwise circumvent the [UIM] insurer's right or opportunity to appear and to defend\ (internal quotation marks omitted)
• “The right to defend includes the right to a jury trial.”
• lease provisions waiving jury trial enforceable

Source: CourtListener parenthetical corpus (CC0).