John and Charlene Turner, Petitioners v. Douglas A. Milliman, Consumer Benefits of America, Nia Corporation…

Summary

The South Carolina Supreme Court reversed the trial court’s summary‑judgment grant on the negligent‑misrepresentation claim because the petitioners presented at least a scintilla of evidence that the insurance was an individual policy, not a group policy. However, the Court affirmed the summary‑judgment grant on the fraud claim, finding the petitioners failed to meet the clear‑and‑convincing‑evidence standard required for fraud. The decision rests on the differing evidentiary burdens for the two causes of action.