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An Insurer is Not Required to Make a New Offer of UIM Coverage Upon a Mere Change of an Existing Policy

What is a “Change?” - S.C. Code Ann. Section 38-77-160 serves to establish an insurer’s duty to offer, at the option of an insured, underinsured motorist coverage (“UIM”) up to the limits of the insured liability coverage,...more

Insurance Policy Notice and Cooperation Clauses Survive Challenge

South Carolina’s courts have long and consistently articulated that insurance policies are contracts, governed by the general rules of contract construction. Our courts have just as consistently held that insurers may include...more

Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy

It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance;...more

Insurer’s Purported Duty to Investigate a Claimant’s Competency - Is This the Finale?

More than a year ago, we examined the agonizing history of Vanderhall, a single case spanning several years, marked by a panoply of fact twists, struggling to achieve a finding of bad faith. So tortuous was the history that...more

Statutory Construction is Powerful

The Court Interprets “Due Date” Under a Premium Service Agreement - The tools of statutory construction are powerful. In interpreting statutory language, words are generally given their common and ordinary meaning. The...more

Who Is Insured, What Is Insured and Why Makes a Difference

What do the Moody Blues and an insurance policy have in common? It boils down to this: Say what you mean and mean what you say. The District Court of South Carolina recently reminded us of the importance of the terms of...more

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