South Carolina Insurance Forms

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Insurance Forms FAQ

What is insurance?

Insurance is a contract, called an insurance policy, in which the insurer, agrees to pay the insured party all or a portion of any loss suffered by accident or death for a fee called an insurance premium. The losses covered by the policy may include property damage or loss from accident, fire, theft or intentional harm; medical costs and/or lost earnings due to physical injury; long-term or permanent loss of physical capacity; claims by others due to the insured's alleged negligence, or the loss of someone's life.

What laws govern insurers?

In 1944, Congress enacted the McCarran-Ferguson Act, which provided that the laws of the several states should control the insurance business, but that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act were applicable to the insurance business to the extent that it was unregulated by state law.

The McCarran-Ferguson Act, broadly speaking, gives states the power to regulate the insurance industry. While state insurance statutes override most federal laws, some portions of federal law (like federal tax laws) are always controlling. To determine whether a particular law governs, the determining factor is whether the issue is related to the "business of insurance", where state law governs, or whether it is related to peripherals of the industry, such as labor, tax, and securities, where federal law governs.

What can be done is an insurer wrongfully denies a claim?

Insurers may be guilty of bad faith for failing to promptly and thoroughly investigate a claim, unreasonably delaying payment, unreasonably denying benefits to a claim, using unreasonable interpretations in translating policy language, or refusing to settle the case or reimburse you for the entirety of your loss, etc. Unless a time period for settling a claim is defined in the policy, a "reasonable time" generally applies, which is a subjective term, depending on the facts and circumstances in each case.


How to Fill in a Health Care Power of Attorney in South Carolina

Filling out a Health Care Power of Attorney in South Carolina is an important step to ensure your medical wishes are followed if you become unable to make decisions for yourself. To start, you need to download the South Carolina Health Care Power of Attorney form, also called a 'Health Care Proxy'. Then, you'll need to choose someone you trust to be your agent, who will make medical decisions on your behalf. Be sure to ask their permission first. Next, you'll need to detail your preferences for different medical situations. It's important to be clear and specific about the treatments you do or do not want. Once you have completed the form, sign it in the presence of two witnesses who are not your healthcare providers. Finally, have your agent sign the document, and consider giving them a copy. Remember, it's always a good idea to consult with a lawyer or your doctor if you have any specific questions.


Step 1: Choose an agent

The first step in selling or buying a property in South Carolina is to choose a real estate agent. This person will assist you throughout the process, providing guidance and expertise. They will be responsible for helping you find the right property or connecting you with potential buyers. It's important to find an agent who understands your needs and preferences, as well as the local real estate market. By selecting a trustworthy and knowledgeable agent, you can feel more confident and informed in your real estate journey.


Who should you choose as an agent?

When it comes to choosing an agent in South Carolina, it's important to find someone who understands your needs and can work with you effectively. Look for an agent who has experience and expertise in the specific area you are interested in, whether it's buying or selling property, renting, or investing. A good agent should be responsive, reliable, and honest, always putting your interests first. It's also helpful to find an agent who has good communication skills, as they will be the bridge between you and potential buyers or sellers. Ultimately, choose an agent you trust and feel comfortable working with, as they will play a crucial role in your real estate journey.


Who can’t be your agent?

In South Carolina, there are certain individuals who cannot serve as your agent. This may include people who are not legally allowed to make decisions on your behalf, such as minors or individuals who have been declared mentally incompetent. Additionally, individuals who have a conflict of interest or a personal relationship with you, like your healthcare provider or a person you are divorcing, may also be restricted from acting as your agent. It is important to select someone who is qualified and trustworthy to act as your agent in South Carolina, taking into consideration the state's regulations and guidelines.