South Carolina · Storm claim denied: what can I do?
Storm claim denied: what can I do?
See If You Qualify
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| Filing deadline | 3 years from denial/underpaymentS.C. Code § 15-3-530 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in South Carolina?
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 A lawyer can confirm yours.
Source: S.C. Code § 15-3-530
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
South Carolina's coastline from Myrtle Beach to Hilton Head faces annual hurricane season exposure. The state's 3-year statute of limitations for breach of contract and availability of bad faith claims under S.C. Code § 38-59-20 provide meaningful remedies for policyholders. Hurricane Hugo (1989) reshaped SC insurance law, and Hurricanes Matthew (2016) and Florence (2018) generated billions in claims. South Carolina's wind and hail deductibles for coastal properties add complexity to claim disputes.
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.
How this works nationally
For the overall process and updates, read the Storm claim denied: what can I do? overview. This page covers the local information available for South Carolina.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
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- S.C. Code § 15-3-530