Sentry Select Insurance Company, Plaintiff v. Maybank Law Firm, LLC, and Roy P. Maybank, Defendants.

Summary

The South Carolina Supreme Court answered a certified question, holding that an insurer may bring a direct legal malpractice action against counsel it hires to represent its insured, provided the insurer proves the attorney breached his duty to the insured and that breach caused the insurer's damages, and that the insurer must meet a clear‑and‑convincing evidence standard. The Court declined to answer whether a malpractice claim may be assigned to a third party.