South Carolina Answer and Defenses - Mobile Home Accident

State:
Multi-State
Control #:
US-PI-0187
Format:
Word; 
Rich Text
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Description

This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
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FAQ

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 ...

In a COB provision, this term refers to the part of the group contract providing the health care benefits to which the COB provision applies and which may be reduced because of the benefits of other plans. Any other part of the group contract providing health care benefits is separate from This Plan.

Section 15 -78-10 of the South Carolina Tort Claims Act gives plaintiffs 2 years to file a lawsuit (although it can be extended to 3 years if the plaintiff files a verified petition within 1 year).

Under South Carolina Code 56-5-1220: Leaving the Scene of an Accident with Property Damage to Attended Vehicles is a Misdemeanor offense. If convicted, you could face jail time, fines, or both. This offense carries a maximum jail sentence of one year and a fine ranging from $100 up to $5,000.

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.

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.

In many cases, whoever caused you harm is not going to simply tell you how much insurance coverage is available for you to recover. However, in South Carolina there is a law (38-77-250) that says the at fault party's insurance carrier must tell you the insurance policy limits if certain criteria are met.

Title 38, Chapter 70 of the South Carolina Code of Laws defines the regulations and requirements for utilization reviews and private review agents.

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South Carolina Answer and Defenses - Mobile Home Accident