Court Reinstates Guaranty Association's Declaratory Relief Claim Against Dissolved Trust

The South Carolina Court of Appeals last week revived a dispute between the state Property and Casualty Insurance Guaranty Association and a voluntarily dissolved business trust over liability for a collection of workers’ compensation claims that a defunct carrier had taken over when the trust shut itself down. The court said the question of whether an unincorporated business trust can be sued after it has voluntarily dissolved is a novel question in South Carolina, and the issue of first impression should not have been summarily decided on a motion to dismiss. Accordingly, t...