Insurance Disputes

Insurance policies are merely contracts between the Insured (the policyholder) and the Insurer. Contracts of insurance are complex risk sharing devises, which use industry specific language not common to the average citizen.  An insurance contract in South Carolina is referred to as a contract of adhesion.  This is because the policyholder has no bargaining power, no negotiation leverage, and thus must accept most insurance terms as given.  For this reason, often times insurance contracts favor the Insurer.  In a non-coverage scenario, our ultimate goal is to successfully effect coverage for our clients.

Stratos Law represents clients involved in insurance coverage disputes.  These disputes may involve our client’s own insurer, referred to as a First Party Insurer, or an at-fault party’s insurer, referred to as a Third Party Insurer.

Insurance is highly regulated by the State of South Carolina.  There are three fields of regulation: (1) the courts, (2) state legislation, (3) state created Regulatory Agencies.  The purpose of legislation is to control rates, prevent unfair trade practices, and to prevent Insurer insolvency.  The courts of South Carolina primarily act to enforce, not re-write, contracts of insurance “giving the policy language its plain, ordinary and popular meaning.” Gambrell v. Travelers Insurance Cos., 310 S.E. 2d 814 (S.C. 1983).

  • Policy Disputes
  • Non-coverage or Partial coverage Disputes
  • Bad Faith, “Tyger River Action”
  • Renewal Disputes