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Event Information
Video Replay - Insurance Bad Faith: The Law in S.C.
January 24, 2025
Credits
N/A
MCLE: 6.00
Ethics: 1.00
Pricing
Dates
Friday, January 24, 2025Time
8:55 AM - 4:15 PMRegistration Deadline
Thursday, January 23, 2025
Live in Person hours at SC Bar Conference Center, 1501 Park Street, Columbia, SC 29201.
Join the South Carolina Bar CLE Division on Friday, January 24, for a video replay seminar of a program we first offered in Charleston in early 2023. This important program covers topics addressed in the first comprehensive book on insurance bad faith in South Carolina, Insurance Bad Faith: 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.
Principal Authors: David B. Yarborough, Jr. and Reynolds H. Blankenship, Jr.
Contributing Authors: Molly H. Craig, James B. Hood, and Virginia R. Floyd
© 2022
Each program registrant will receive the book download as the course materials. If you are interested in learning more about the book, or in purchasing a physical copy of the book, please read below.
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. 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. Visit the online store to order: https://cle.scbar.org/Book-Store/Info/productcd/795.
This seminar is an Intermediate level program.
This program qualifies for 6.0
MCLE, including up to 1.0 LEPR credit hour.
SC Supreme Commission on CLE Course #250532.
The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.
Registration Fees
| Price Description | Amount |
|---|
Agenda
Speakers
| Name | Organization | Speaking At |
|---|---|---|
| David Yarborough | Yarborough Applegate, LLC | - |
Policy
Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, be transferred to the live webinar or archived on-demand version of the same seminar, if available, or to a live or archived seminar of equal or lesser value. If you need to cancel within 24 hours of the start time of a program, you are eligible to take the program in its archived, on-demand format, if available. Neither transfers to the live webinar nor refunds will be issued for cancellations made within 24 hours of a seminar start time.
Continuing Education
Agenda
8:30 a.m.
Registration
8:55 a.m.
Introduction and Welcome
David B. Yarborough, Jr., Yarborough Applegate, LLC, Charleston
9.00 a.m.
Primer on Insurance Bad Faith in South Carolina
Reynolds
H. Blankenship, Jr., Yarborough Applegate, LLC, Charleston
9:30 a.m.
3rd Party
Claims and Damages (the Tyger River Doctrine)
David B. Yarborough, Jr.
10:00 a.m.
The Objectively Reasonable Standard for an Insurer’s Good/Bad Faith
James B. Hood, Hood Law
Firm, LLC, Charleston
Break
10:45 a.m.
1st Party
Claims and Damages (Nichols) – UM/UIM Claims
Bert G. “Skip” Utsey, III,
Clawson Fargnoli Utsey, LLC, Charleston
1st Party Claims for Long-Term Care, Disability, Life Insurance, and Other Non-Auto Coverage
David B. Lail, Yarborough
Applegate, LLC, Charleston
Standing to Bring a Civil Action for Insurance Bad Faith
Brandt R. Horton, Clement
Rivers, LLP, Charleston
12:15 p.m.
Lunch (on your own)
1:15p.m. Procuring
Assignment of the 3rd Party Bad-Faith Claim
David B. Yarborough, Jr.
1:45 p.m.
Insurance Defense Counsel’s Perspective: Staying in Your Lane When the Insurer and Insured Are in Conflict
J.
Blanton O’Neal IV, Hood Law Firm, LLC, Charleston
Roundtable: Default Judgments, the Role of Personal Counsel, Assignments, and Ethical Issues
Panel: David B. Yarborough, Jr., J. Blanton O’Neal IV, James B. Hood, Bert G. “Skip” Utsey, III
Moderator: Reynolds H. Blankenship, Jr.
3:15 p.m.
Discovery from the Insured/Assignee’s Perspective: Request More Than Just the Claim File
Reynolds H. Blankenship, Jr.
3:45 p.m.
Discovery from the Insurer’s Perspective: Addressing Claims that Attorney-Client Communications Are “At Issue” and Thus Discoverable
James B. Hood
4:15 p.m.
Adjourn