Bad Faith Insurance Delays and Denials - Conway / Myrtle Beach / Grand Strand Area

Insurance bad faith is when an insurance company unreasonably denies or delays the payment of a valid claim.  In 1983, the South Carolina Supreme Court recognized that in an insurance contract, there is an implied covenant of good faith and fair dealing.  Shortly after the court recognized this action, Dirk Derrick  brought his first bad faith action while representing an older gentleman who had purchased a farmer's disability policy years before.  The farmer had become disabled and a national insurance company out of Illinois, flew an adjuster down to South Carolina to try to buy back his policy so they didn't have to pay benefits.  In doing so, the adjuster lied to the farmer about his benefits terminating.  After a lawsuit was filed, Dirk Derrick flew to the the insurance company's home office in Chicago, Illinois and found a document that proved the adjuster was intentionally lying, not just making a mistake.   Because of that document, the offer to settle went from $50,000.00 to $500,000.00.  The case settled the day the trial was scheduled to start. 

Another farmer victim of the same adjuster came in to speak with Dirk Derrick.  When the insurance company would not pay the same settlement amount, the case was tried before a jury in Horry County and the farmer received a verdict of $39,000.00 in actual damages and $500,000.00 in punitive damages. 

Another example of a bad faith verdict obtained by Dirk Derrick involved a case agasint Lloyd's of London for denying a fire loss claim without justification.  In that case, Lloyd's of London actually sued Dirk's client before they were sued.  During the discovery phase, a document was found from Lloyd's local agent who adknowledged no justification to deny the claim and suggested Lloyd's sue first to obtain a favorable position at trial. 

Bad faith claims arise from a number of situations, but it usually involves the victim paying premiums for years and then the insurance company wrongully denying benefits when they become due.

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Case Results for Bad Faith Insurance Claims:

• Insurance company lies to a farmer and then stops his benefits

Awarded: "$539,000"

• Insurance company lies to farmer about benefits

Awarded: "$330,000"

• Logger wins bad faith insurance verdict versus LLoyd's of London

Awarded: "$160,000"

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