Columbia, SC Insurance Coverage Attorney
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Insurance Coverage and Bad Faith Insurance Lawyer In Columbia, SC
Insurance companies are heavily regulated in South Carolina – and for a good reason. Insurance companies – like many companies – have duties to their shareholders to maximize profits. They do not owe duties to (1) their insured, or (2) people injured by their insured.
Therefore, insurance companies often find or look for reasons why not to defend their insured or policy-holder in an action or not to pay out the coverage to an injured person. We’re hear to help. Chase has experience going up against insurance companies (and representing insurance companies) and will fight for your justice.
You pay your policies and, because of that, you have a contract with your insurance company. If they refuse to live up to their side of the agreement you can sue for breach of contract and a bad faith insurance claim.
Keibler Law Group has experience representing clients – both individuals and companies – in insurance coverage disputes and bad faith refusal to pay insurance benefits in Columbia, South Carolina.
Coverage issues in Columbia, SC?
Possible coverage issues in Columbia, SC include:
- Who is an insured
- What is the scope of coverage
- Coverage exclusions and limitations
- Are there multiple occurrences
- Does the insurance company have a duty to defend
- Underinsured motorist (UIM) coverage analysis
- Uninsured motorist (UM) coverage analysis
- Stacking coverage
- Accident or occurrence
- Who is a permissive user
- Additional insured
- Intended or expected injury
- Owned property exclusion
- Excess insurance disputes
Columbia, SC Bad Faith Refusal to Pay Attorney
When an insurance company acts in bad faith, the insured is protected by South Carolina statute. Possible insurance company bad faith actions include:
- Denying a claim that is covered under the insurance policy
- Failing to investigate a claim
- Delaying payment of an insurance claim
- Paying out on only part of a claim
- Failing to make a good faith offer of settlement
Moreover, the South Carolina legislature put an additional “stick” in the statute and if a judge or jury finds the insurance company acted in bad faith, the insurance company must also pay attorney fees to the plaintiff. South Carolina Code Annotated § 38-59-20.
How do you prove bad faith?
Under South Carolina Law, an insured is entitled to recover damages caused by an insurer’s breach of contract and the inherent covenant of good faith and fair dealing when the insured shows:
(1) the existence of a mutually binding contract of insurance between the plaintiff and the defendant; (2) a refusal by the insurer to pay benefits due under the contract; (3) resulting from the insurer’s bad faith or unreasonable action in breach of the implied covenant of good faith and fair dealing arising under the contact; (4) causing damage to the insured. ContraVest Inc. v. Mt. Hawley Insurance Company, 273 F. Supp. 3d 607, 614 (D.S.C. 2017) (quoting Founders Ins. Co. v. Richard Ruth’s Bar & Grill LLC, No. 2:13-cv-03005- DCN, 2016 WL 3219538, at *5 (D.S.C. June 8, 2016)).
“[A]n insurer acts in bad faith when there is no reasonable basis to support the insurer’s decision [for contesting a claim].” Helena Chem. Co. v. Allianz Underwriters Ins. Co., 357 S.C. 631, 645, 594 S.E.2d 455, 462 (2004).
- Affirmative Recovery Program
- Antitrust litigation
- Bad faith insurance
- Bid rigging
- Civil conspiracy
- Class actions
- Class action opt-out litigation
- Eminent domain
- Fraud
- No poach
- Negligent Misrepresentation
- Price Fixing
- Telephone consumer protection act
- Whistleblower / Qui Tam
- Unfair business and trade practices
