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Title 38, Chapter 70 of the South Carolina Code of Laws defines the regulations and requirements for utilization reviews and private review agents.
The Made Whole Doctrine (sometimes referred to as the Made Whole Rule), is a common law doctrine that states a subrogee/insurer is not entitled to recover from an at-fault party unless and until the subrogor/insured has been, or can be, ?made whole.? The doctrine is an equitable defense that an insured can utilize to ...
An insurance company may not subrogate against its own insured or a co-insured. However, when a party claiming to be a co-insured is merely a loss payee to which no liability coverage is afforded, subrogation is permissible.
Section 38-71-190 states that "the director [i.e., the Director of the Department of Insurance] or his designee, upon being petitioned by the insured, determines that the exercise of subrogation is inequitable and commits an injustice to the insured..." This determination by the director or his designee may be appealed ...
Section 38-71-190 states that "the director [i.e., the Director of the Department of Insurance] or his designee, upon being petitioned by the insured, determines that the exercise of subrogation is inequitable and commits an injustice to the insured..." This determination by the director or his designee may be appealed ...
A time of payment of claims provision states the number of days that the insurance company has to pay or deny a submitted claim. This provision is included to minimize the amount of time that a policyholder has to wait for his/her payment or for a decision about his/her claim.
Section 38-71-190 of the South Carolina Code grants the insured the right to petition the Director of Insurance for a hearing on the fairness of subrogation by an insurer.
"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy ? after they've paid a covered claim ? to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.