In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective understanding of the law, as informed by counsel, as a defense to a bad faith claim may implicitly waive the
South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause
By Paul P. Bolus on
The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a direct benefit from that agreement.
In Wilson v. Willis, the court considered 14 lawsuits that had been filed against an…
$25.5 Million Oklahoma Verdict: Jackpot Justice or Case Study on Bad Faith Litigation?
By Jason A. Walters on
Posted in Bad Faith, Health Insurance, Punitive Damages
We all know how prevalent bad faith claims are. It seems like almost every case involving disputed policy benefits includes one. Many have no merit and should be disposed of on summary judgment. The rest, however, arguably have at least some degree of legitimacy. While it may not seem that difficult to identify those that…