Any policy or contract of accident and health insurance issued in this State may include provision for subrogation by the insurer to the insured's right of recovery against a liable third party for not more than the amount of insurance benefits that the insurer has paid previously in relation to the insured's injury by the liable third party. If the director or his designee, upon being petitioned by the insured, determines that the exercise of subrogation by an insurer is inequitable and commits an injustice to the insured, subrogation is not allowed. Attorneys' fees and costs must be paid by the insurer from the amounts recovered. This determination by the director or his designee may be appealed to the Administrative Law Court as provided by law in accordance with Section 38-3-210.
S.C. Code Ann. § 38-71-190
Subrogation of insurer to insured's rights against third party
Applied in 3 court decisions — leading case Perreira v. Rediger (2001)
Most recently applied in Perreira v. Rediger (June 2001)
Former 1976 Code SECTION 38-35-100 [1962 Code SECTION 37-447; 1974 (58) 2608] recodified as SECTION 38-71-190 by 1987 Act No. 155, SECTION 1; 1988 Act No. 394, SECTION 1; 1993 A…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.