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Practices + Industries

Insurance Coverage and Bad Faith

Overview

Turner Padget has represented insurers since the founding of the firm in 1929.  From representing policyholders to direct representation of carriers, the firm has great depth and experience in all aspects of insurance law.   A.M. Best Company has listed Turner Padget as a recommended law firm for insurance matters since 1930.  This experience allows us to handle all lines of insurance.  We represent insurance carriers by serving as retained counsel, providing coverage and claim handling advice, conducting examinations under oath, prosecuting and defending declaratory judgment actions, defending bad faith suits, and representing carriers in administrative and regulatory matters.  Our insurance attorneys are capable of handling matters in all state and federal venues in South Carolina, at both the trial and appellate levels.

Representative Engagements

Administrative, Regulatory and Governmental Affairs

  • S.C. Legislative Counsel for the American Insurance Association responsible for representing insurer interests in legislation.General Counsel for the South Carolina Commercial Automobile Insurance Plan, an industry volunteered residual market for commercial automobile insurance, including drafting of original plan documents and rules, application forms and advising Governing Board.
  • Representation of innumerable insurers in administrative matters before the South Carolina and other State’s Department of Insurance, including rate and form filings, administrative sanctions involving insurers and/or agents, unfair insurance trade practice claims, claims involving the administration of rehabilitations and liquidations, insurer expansion applications, agent and company licensing, declaring special dividends, surplus lines approvals, market conduct or audit examinations.

Insurance Litigation

  • Rowzie v Allstate Ins. Co., 556 F.3d  165 (4th Cir. 2009).  Successfully defended automobile insurer by obtaining summary judgment in the U.S. District Court and prevailing on appeal to the 4th Circuit U.S. Court of Appeals in case where Plaintiffs attempted to pursue a classaction against the carrier for it's interpretation of theauto policy in offsetting Underinsured Motorist (UIM) payments by amounts previously paid under Medical Payments coverage.
  • Edge v. State Farm Mut. Auto. Ins. Co., 366 S.C. 511, 623 S.E.2d 387 (2005).  Won dismissal of a class action lawsuit claiming excessive rate against an insurer and its state reinsurer, based upon the first judicial recognition of the filed rate doctrine as applicable to insurance in South Carolina.
  • L-J, Inc. v. Bituminous Fire & Marine Ins. Co., 366 S.C. 117, 621 S.E.2d 33 (2004).  Appearing as Amicus Curiae for the American Insurance Association and Property and Casualty Insurers Association of America on rehearing of appeal and won reversal of an adverse coverage determination that project damages due to contractor’s faulty workmanship constituted an “occurrence” under a CGL policy.
  • Hinkle v. National Cas. Co., 354 S.C. 92, 579 S.E.2d 616 (2003).  Won reversal of bad faith and punitive damage jury verdict against insurer based on insurer’s alleged negligent nonrenewal of homeowner’s policy due to past claims and secured entry of judgment in favor of insurer.
  • Ex Parte Allstate Ins. Co., 339 S.C. 202, 528 S.E.2d 679 (Ct. App. 2000).  Obtained reversal of trial court’s order that Underinsured Motorist carrier pay judgment when carrier was not served until after judgment was obtained.  Ruling upheld the rights of underinsured motorist carriers to contest liability according to the UIM statute.
  • Manufacturers and Merchants Mut. Ins. Co. v. Harvey, 330 S.C. 152, 498 S.E.2d 222 (Ct. App. 1998).  Successfully represented homeowner insurer in coverage determination that sexual molestation by insured is an “intentional act” and does not come within the definition of “occurrence,” persuading the South Carolina Court to adopt the “inferred intent” doctrine for acts of sexual predators.

Representative Clients

  • Automobile Insurers
  • Commercial Risk Insurers
  • Construction Bond Insurers
  • Directors and Officers Insurers
  • Employment Practices Liability Insurers
  • Insurance Agents and Brokers
  • Life Insurers
  • Professional Liability Insurers
  • Property & Casualty Insurers
  • Title Insurers
  • Workers’ Compensation Insurers