- Acknowledge pertinent
claims communications with “reasonably promptness.” S.C. Code Ann.
§38-59-20(2)
- If the Policy
requires the submission of a proof of loss, a blank form must be provided
within 20 days of the receipt of the claim. S.C. Code Ann. §38-59-10
- “Promptly” settle claims where liability
has become reasonably clear. S.C. Code Ann. §38-59-20(4)
- Avoid
unreasonable delay in the payment of claims. S.C. Code Ann. §38-59-20(8)
Some Additional Issues to Consider:
- A reservation
of rights should be issued as appropriate. Be cognizant of Harleysville Group Ins. v. Heritage
Communities, Inc. 420 S.C. 321 (S.C. 2017) which requires that any
reservation of rights letter be specific and unambiguous on the basis for
the reservation of rights. A boiler plate reservation of rights letter
simply cutting and pasting policy provisions without specific factual
application may later be deemed to have failed to preserve coverage
defenses.
- Civil
Authority – Mandatory evacuations have been issued in advance of Florence.
- Service
Interruption – Power and telephone/cell service may be disrupted.
- Sue and Labor
– Businesses may shut down operations in advance.
- Adjuster
licensing- South Carolina requires that all adjusters and public adjusters
to be licensed in South Carolina. S.C. Code Ann. §38-47-10; S.C. Code Ann.
§38-48-20. However, on September 11, 2018, the South Carolina Department
of Insurance issued a bulletin pursuant to S.C. Code Ann. Regs. § 69-1 that permits the emergency licensing
of adjusters in the event of a catastrophe. The bulletin contains
information on how to apply and extended the application of the bulletin
for 120 days.
- Flood hazard
zone areas—Areas identified on the Flood Insurance Rate Map can change so
be aware of applicable policy limits by hazard zone.
- Flood and Wind
sublimits and/or deductibles.
- Definition of
“occurrence” (in case of stalled storm)
