This program has been CANCELED due to inclement weather.

An email will be sent to registrants with further details. 

Questions/concerns, please email registrar@scbar.org.

 

Join the South Carolina Bar CLE Division on Friday, September 30, for the release of the first book on insurance bad faith in South Carolina, Insurance Bad Faith: A Primer on the Law in South Carolina. Distinguished faculty, representing both the plaintiff and defense perspectives, will provide discussions including a primer on insurance bad faith; third-party claims and damages (Tyger River); the objectively reasonable standard for an insurer’s good/bad faith; first-party claims and damages (Nichols), as well as other first-party claims relating to long-term care, disability, life insurance and other non-auto claims; standing needed to bring a claim; procuring assignment of third-party claims; insurance defense counsel’s perspective; discovery from insured/assignee’s and insurer’s perspective; and a roundtable discussion on default judgment, insurance bad faith, and the role of personal counsel, and ethical issues.

This seminar is an intermediate level program.

This program qualifies for 6.0 MCLE, including up to 1.0 LEPR credit hour.
SC Supreme Court Commission on CLE Course #: 920124

Big Ticket holders must purchase the book separately (for $60). Books will be available for purchase onsite at the seminar, or by calling (AFTER the program) the Publications Dept. at 803-771-0333.

About the Book

Insurance Bad Faith: A Primer on the Law in South Carolina

Principal Authors: David B. Yarborough, Jr., Esquire and Reynolds H. Blankenship, Jr., Esquire

Contributing Authors: Molly H. Craig, Esquire, James B. Hood, Esquire, and Virginia R. Floyd, Esquire

The first book on insurance bad faith in South Carolina, Insurance Bad Faith: A Primer on the Law in South Carolina is part history, part primer, and part practice guide.  Starting with the seminal case of Tyger River Pine Company v. Maryland Casualty Company, the book goes through the evolution of third-party claims of bad faith, the eventual recognition of first-party claims in Nichols v. State Farm, and everything since.  The first 12 chapters of this 17-chapter book address the intricacies and idiosyncrasies of this nuanced field of law, including fundamental concepts such as standing and the causes of action available against an insurance carrier, as well as the analyses that the courts employ in evaluating bad-faith claims in various scenarios.  In addition to a discussion of the law as it currently exists, the authors provide commentary where the law is not fully developed or could use refinement.  The final 5 chapters provide more practical guidance on developing and litigating the claim, including an excellent chapter from the contributing authors on the role and ethics of insurance-defense counsel when the insurer and insured are in conflict.    Authored by two of South Carolina’s well-known “bad faith” plaintiff lawyers, and complemented by a preeminent team of defense lawyers, this book will be a must-have resource for lawyers on both sides of the aisle who practice or are interested in this specific area of law in South Carolina.

 

Summary of Contents:

Third-Party Claims: The Tyger River Doctrine

First-Party Claims: Nichols v. State Farm

Bad-Faith Processing of Insurance Claim

Wrongful Refusal to Defend or Indemnify

An Insurer’s Incorrect Valuation of a Claim

Standing to Bring Claim Against Insurer

Assignability of Third-Party Claims

No Cause of Action for Statutory Bad Faith

No Separate Cause of Action for Negligence (Probably)

No Bad-Faith Claim Against Workers’ Compensation Carrier

UM and UIM Claims

Damages

Developing the Claim of Insurance Bad Faith

The Insurance Defense Client: Navigating Ethics Throughout the Representation

Commencing the Action for Bad Faith

Discovery Issues

Use of Expert Witnesses