When a life insurer refuses to pay a claim on a life insurance policy within thirty days after a demand has been made by the beneficiary of the policy or contract, and a finding on suit of the contract made by the trial judge that the refusal was without reasonable cause or in bad faith, the insurer is liable to pay the beneficiary, in addition to any sum or any amount otherwise recoverable, all reasonable attorneys' fees for the prosecution of the case. The amount of reasonable attorneys' fees must be determined by the trial judge and the amount added to the judgment. If attorneys' fees are allowed and, on appeal by the defendant, the judgment is affirmed, the Supreme Court or the court of appeals shall allow to the respondent an additional sum as the court adjudged reasonable as attorneys' fees of the respondent on the appeal.
HISTORY: Former 1976 Code Section 38-63-90 [1985 Act No. 189, Section 1] recodified as Section 38-53-140 by 1987 Act No. 155, Section 1; New Section 38-63-90 enacted by 1988 Act No. 482, Section 5; 1999 Act No. 55, Section 39.
Structure South Carolina Code of Laws
Chapter 63 - Individual Life Insurance
Section 38-63-10. Circulation of false or misleading information by life insurers.
Section 38-63-20. Misrepresentations to induce termination or conversion of life insurance policies.
Section 38-63-30. Lower life insurance rates for females lawful.
Section 38-63-50. Spendthrift provisions in settlement agreements are valid.
Section 38-63-60. Industrial life insurance.
Section 38-63-80. Interest on lump sum payment of life insurance proceeds.
Section 38-63-90. Attorneys' fees authorized.
Section 38-63-210. Whole contract, including application, must appear in policy; oral applications.
Section 38-63-220. Required policy provisions.
Section 38-63-225. Suicide and death exclusions.
Section 38-63-230. Methods of rescission by insurer.
Section 38-63-240. Interest rate on insurance policy loans.
Section 38-63-250. Alternative adjustable interest rate.
Section 38-63-260. Policies with face value less than five thousand dollars.
Section 38-63-270. Applicability to policies issued before effective date.
Section 38-63-280. Written disclosures.
Section 38-63-510. Short title; operative date of valuation manual defined.
Section 38-63-530. Minimum cash surrender values.
Section 38-63-540. Minimum paid-up nonforfeiture benefits.
Section 38-63-560. Additional benefits and premiums must be disregarded.
Section 38-63-570. Calculation of adjusted premiums and present values.
Section 38-63-630. Cash surrender value of policies issued on or after January 1, 1986.
Section 38-63-640. Excepted policies.