An insurance company may not seek to require another insurer to defend its insured via declaratory judgment according to the United States District Court for the District of South Carolina in Auto-Owners Insurance Company v. Travelers Casualty and Surety Company of America, No. 4:12-cv-3423-RBH, 2014 WL 3687338 (D.S.C. Jul. 22, 2014). The plaintiff in the… Continue Reading
Maximizing Subrogation Claims: A Little Work Upfront Can Pay Off in the End
Post by Lee Floyd Two key goals in subrogation are attaining swift resolution of the claim and avoiding unnecessary activities before and during the lawsuit. Doing this can minimize the effort before a lawsuit is filed so that the claim can be settled or pursued as soon as possible in hopes of maximizing the return. However,… Continue Reading
Subrogation in South Carolina Part II: Proper Parties to the Action
Subrogation in South Carolina Series: Part II Post by Lee Floyd An initial question when evaluating and bringing a subrogation claim is who are the proper parties to identify as bringing suit? While ordinarily a fairly simple question in most litigation, this issue creates numerous complexities when dealing with subrogation claims, and resolving these issues… Continue Reading
Subrogation Claims in South Carolina
Lee Floyd South Carolina law recognizes the doctrine of subrogation in the context of insurance as permitting an insurer to recover amounts it has paid for loss by bringing an action against the tortfeasor(s) whose wrongful act caused the loss.[1] At its heart, subrogation is concerned with imposing the burden of a loss on the responsible… Continue Reading
