Statute of Limitations
South Carolina: 3 years from breach for breach of contract (S.C. Code § 15-3-530); bad faith under S.C. Code § 38-59-20; punitive damages available for egregious bad faith
3 years from denial/underpayment
Where to File in South Carolina
South Carolina storm damage lawsuits are filed in Circuit Court in the county where the property is located. The South Carolina Department of Insurance (SCDOI) accepts consumer complaints and regulates insurer conduct. Bad faith claims are available under S.C. Code § 38-59-20, and South Carolina courts have recognized both first-party (policyholder vs. insurer) and third-party bad faith causes of action. Punitive damages are available in cases of egregious insurer misconduct. Charleston County, Horry County (Myrtle Beach), and Beaufort County (Hilton Head) courts handle the highest volume of hurricane-related insurance disputes. The South Carolina Wind and Hail Underwriting Association provides coastal property coverage when private carriers decline to write policies. Separate hurricane deductibles of 2-5% of insured value are standard for coastal properties.
Exposure in South Carolina
Source: South Carolina Department of Insurance 2017
Source: SCDOI Consumer Guide 2024
Source: NOAA / SC Emergency Management 2019
Source: SCDOI Market Analysis 2024