Late notice of damage to roofs is a common issue. Most people do not report damage from a windstorm to a roof unless it leaks. Do insurers expect that after every windstorm that their customers report a potential loss to them for inspection? Do insurers expect all of their policyholders to climb up on their roofs to look for damage?
Continue Reading How Late Can Late Notice of Loss Be of Roof Damage in South Carolina?
The South Carolina legislature has an insurance claims handling bill which is very pro-policyholder and would severely limit insurance companies from denying water leaks absent prior knowledge of the policyholder. Here it is:
Continue Reading Pro-Policyholder Water Leak Claim Bill in South Carolina
This blog follows on the previous post, Insurance Bad Faith South Carolina: Part 3.
South Carolina allows “Bad Faith” lawsuits involving first party insurance claims. “Bad faith” claims handling is really a misnomer. Lawsuits involving insurance companies paying late and not enough money should be called Lack Of Good Faith lawsuits. “Bad faith” only heightens the standard and seems to imply an immoral or fraudulent standard:
In law, there are inconsistent definitions of bad faith, with one definition much more broad than used in other fields of study discussed in the above sections. Black’s Law Dictionary equates fraud with bad faith. But one goes to jail for fraud, and not necessarily for bad faith. The Duhaime online law dictionary similarly defines bad faith broadly as ‘intent to deceive’, and ‘a person who intentionally tries to deceive or mislead another in order to gain some advantage’.1
Continue Reading Insurance Bad Faith in South Carolina: Part 4 – Beware the Statute of Limitations
This blog follows up the previous post, Insurance Bad Faith in South Carolina: Part 2.
As explained in Part 2, there are several types of damages available to an insured for a first-party property insurance bad faith claim in South Carolina. Part 2 covered the availability of attorney’s fees in bad faith actions. This blog will cover other damages available, namely consequential and punitive damages.
Continue Reading Insurance Bad Faith in South Carolina: Part 3
My post earlier this week, Are Insurance Agents McDonald’s Order Takers or Professional Advisors? The Massachusetts View, created some buzz. So, I have decided to follow up with insurance agent law in South Carolina where they are having their presidential primary vote today. If a Northern state like Massachusetts follows the “order taker” view, do you have a guess whether a state way down in Dixie will follow the same reasoning?
Continue Reading Is An Insurance Agent an Order Taker or A Professional Advisor? The South Carolina View
South Carolina courts have not used the phrase “broad evidence rule” in addressing actual cash value, and the South Carolina Department of Insurance considers actual cash value to be the amount needed to repair or replace the damage minus a deduction for depreciation.1
Continue Reading Calculating Actual Cash Value in South Carolina
“The Department of Insurance was created to protect the insurance consumers, public interest, and insurance marketplace by ensuring the solvency of insurers, enforcing and implementing the insurance laws of the state, and regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner.”
—The South Carolina Department of Insurance Mission Statement
Continue Reading How to File A Complaint With The South Carolina Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company
In addition to the beautiful beaches, one of the things for which Myrtle Beach, South Carolina, is well-known is its golf courses. Because there is a year-round temperate climate, and Myrtle Beach has courses designed by world-famous architects, including Arnold Palmer, Jack Nicklaus, Robert Trent Jones, and Greg Norman, it is many golfers’ favorite golf destination. North Carolina is also known for many championship golf courses, several of which were designed by well-known golf course architect Donald Ross.
Continue Reading Repairing Hurricane Florence Flood Damage to Golf Courses
Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, flash flooding, and prolonged river flooding. Some parts of North Carolina are already inundated with over thirty inches of rain.
Continue Reading Hurricane Florence – What Does My Flood Insurance Policy Cover?
Historically September is one of the most active months during hurricane season. Policyholders should be prepared and informed before, during and after a hurricane. As I write this blog, many in South Carolina are experiencing the force of Hurricane Florence and while for some, the hurricane will end the next day, for others the following morning will be the beginning of a long process of recovery, from claiming damages to their insurance company to work on all repairs needed on their residential or commercial properties.
Continue Reading Claim Handling Requirements by State – South Carolina