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Event Information
Insurance Bad Faith: The Law in S.C.
September 30, 2022
Credits
N/A
MCLE: 6.00
Ethics: 1.00
Pricing
Dates
Friday, September 30, 2022Time
08:45 AM - 4:45 PMRegistration Deadline
Friday, September 30, 2022This program has been CANCELED due to inclement weather.
An email will be sent to registrants with further details.
Questions/concerns, please email registrar@scbar.org.
Join the South Carolina Bar CLE Division on Friday, September 30, for the release of the first book on insurance bad faith in South Carolina, Insurance Bad Faith: A Primer on the Law in South Carolina. Distinguished faculty, representing both the plaintiff and defense perspectives, will provide discussions including a primer on insurance bad faith; third-party claims and damages (Tyger River); the objectively reasonable standard for an insurer’s good/bad faith; first-party claims and damages (Nichols), as well as other first-party claims relating to long-term care, disability, life insurance and other non-auto claims; standing needed to bring a claim; procuring assignment of third-party claims; insurance defense counsel’s perspective; discovery from insured/assignee’s and insurer’s perspective; and a roundtable discussion on default judgment, insurance bad faith, and the role of personal counsel, and ethical issues.
This program qualifies for 6.0 MCLE, including up to 1.0 LEPR credit hour.
SC Supreme Court Commission on CLE Course #: 920124
Big Ticket holders must purchase the book separately (for $60). Books will be available for purchase onsite at the seminar, or by calling (AFTER the program) the Publications Dept. at 803-771-0333.
About the Book
Principal
Authors: David B. Yarborough, Jr., Esquire and Reynolds H. Blankenship, Jr.,
Esquire
Contributing
Authors: Molly H. Craig, Esquire, James B. Hood, Esquire, and Virginia R.
Floyd, Esquire
Summary
of Contents:
Third-Party
Claims: The Tyger River Doctrine
First-Party
Claims: Nichols v. State Farm
Bad-Faith
Processing of Insurance Claim
Wrongful
Refusal to Defend or Indemnify
An
Insurer’s Incorrect Valuation of a Claim
Standing
to Bring Claim Against Insurer
Assignability
of Third-Party Claims
No
Cause of Action for Statutory Bad Faith
No
Separate Cause of Action for Negligence (Probably)
No
Bad-Faith Claim Against Workers’ Compensation Carrier
UM
and UIM Claims
Damages
Developing
the Claim of Insurance Bad Faith
The
Insurance Defense Client: Navigating Ethics Throughout the Representation
Commencing
the Action for Bad Faith
Discovery
Issues
Use
of Expert Witnesses
The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees.
Registration Fees
Price Description | Amount |
---|
Agenda
Printed Book for Big Ticket holders |
Speakers
Name | Organization | Speaking At |
---|---|---|
Bert Utsey | Clawson Fargnoli Utsey, LLC | - |
Brandt Horton | Clement Rivers, LLP | - |
David Yarborough | Yarborough Applegate, LLC | - |
David Lail | Yarborough Applegate, LLC | - |
James Hood | Hood Law Firm, LLC | - |
John O'Neal | Hood Law Firm, LLC | - |
Reynolds Blankenship | Yarborough Applegate, LLC | - |
Policy
Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, be transferred to the live webcast or archived on-demand version of the same seminar, if available, or to a live or archived seminar of equal or lesser value. If you need to cancel within 24 hours of the start time of a program, you are eligible to take the program in its archived, on-demand format, if available. Neither transfers to the live webcast, nor refunds will be issued for cancellations made within 24 hours of a seminar start time.
Continuing Education
Agenda
8:15
a.m.
Registration
8:45
a.m.
Introduction
and Welcome
David
B. Yarborough, Jr., Yarborough Applegate, LLC, Charleston
8:50
a.m.
Primer
on Insurance Bad Faith in South Carolina
Reynolds
H. Blankenship, Jr., Yarborough Applegate, LLC, Charleston
9:20
a.m.
3rd
Party Claims and Damages (the Tyger River Doctrine)
David
B. Yarborough, Jr.
9:50
a.m.
The
Objectively Reasonable Standard for an Insurer’s Good/Bad Faith
James
B. Hood, Hood Law Firm, LLC, Charleston
10:20
a.m.
Break
10:30
a.m.
1st
Party Claims and Damages (Nichols) – UM/UIM Claims
Bert G. “Skip” Utsey, III, Clawson Fargnoli
Utsey, LLC, Charleston
11:00
a.m.
1st Party Claims for Long-Term
Care, Disability, Life Insurance, and Other Non-Auto Coverage
David
B. Lail, Yarborough Applegate, LLC, Charleston
11:30
a.m.
Lunch
Break (on your own)
1:00
p.m.
Standing
to Bring a Civil Action for Insurance Bad Faith
Brandt
R. Horton, Clement Rivers, LLP, Charleston
1:30
p.m.
Procuring
Assignment of the 3rd Party Bad-Faith Claim
David
B. Yarborough, Jr.
2:00
p.m.
Insurance Defense Counsel’s Perspective:
Staying in Your Lane When the Insurer and Insured Are in Conflict*
J. Blanton O'Neal IV, Hood Law Firm, LLC, Charleston
2:30
p.m.
Break
2:45
p.m.
Roundtable:
Default Judgment, Insurance Bad Faith, and the Role of Personal Counsel, and
Ethical Issues*
Panel: David B. Yarborough, Jr., J. Blanton O'Neal IV, James B. Hood, Bert G. “Skip” Utsey, III
Moderator: Reynolds H. Blankenship, Jr.
3:45
p.m.
Discovery from the Insured/Assignee’s
Perspective: Request More Than Just the Claim File
Reynolds
H. Blankenship, Jr.
4:15
p.m.
Discovery from the Insurer’s Perspective:
Addressing Claims that Attorney-Client Communications Are “At Issue” and Thus
Discoverable
James
B. Hood
4:45
p.m.
Adjourn
*includes ethics (LEPR)