Supreme Court of South Carolina

Sentry Select Insurance v. Maybank Law Firm

May 30, 2018

Summary

The South Carolina Supreme Court answered two certified questions, holding that an insurer may bring a direct legal‑malpractice action against counsel it hires to defend its insured, but declined to answer whether such a malpractice claim may be assigned to a third‑party payer. The majority limited the insurer’s recovery to the attorney’s breach of duty to the insured and required clear‑and‑convincing proof of causation.