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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

Insurer’s Enforcement of Arbitration Clause in Underinsurance Coverage – Is It Possible?

S.C. Code §38-77-160, which provides the statutory authority and requirements for underinsured coverage (UIM), provides, in relevant part, the insurer providing the UIM coverage has the right to appear and defend in the name...more

Nexsen Pruet's Torts, Insurance and Products Blog: Most Popular Highlights 2018

Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages - 07.10.18 - In a significant but not entirely novel ruling, the South Carolina Supreme Court recently held that South Carolina law...more

Determination of Residency and Underinsured Coverage – Is the Legislature Watching?

The relationship between children and parents continues to change; it takes but a brief, informal look to see glaring examples. For instance, the average age for Americans to marry has risen by four years since 1990. These...more

Uninsured Motorist Coverage Requires Eyewitness - Circumstantial Evidence Is Not Enough

While there are myriad cases interpreting uninsured motorist (UM) coverage in South Carolina, some aspects of the coverage are well determined. No policy of insurance may be issued without providing for the coverage, in an...more

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more

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