Wrongful Denial of Auto Insurance Claims - Excluded Drivers

In South Carolina, contracts for automobile insurance are strictly governed by the laws of this state, and any provision of an automobile insurance policy that conflicts with the laws of this state is not enforceable.

It is important to know that when you purchase and maintain an automobile insurance policy, you, and certain other individuals, automatically become an "insured" under South Carolina law for the term of that policy despite any language of the policy which may state otherwise. For instance, under South Carolina law an "insured" under an automobile insurance policy is the purchaser of the policy, their resident spouse, a relative of either who resides in their household, and any person who uses the insured vehicle with the permission of the policyholder.

Recently, insurance companies are including provisions in their policies that require that the names of these individuals, who are automatically covered under South Carolina law, be provided before they will be covered under the policy. These are commonly known as "Excluded Driver" provisions. Such provisions are in direct contradiction of the laws of this state and are not enforceable as a basis to deny a claim.

If you or someone you know have been involved in an accident and have had your claim denied by your insurance provider and you believe that it is a result of one of these insurance policy provisions, Finkel Law Firm LLC can advise you of your rights and potential claims against your insurance company. Please do not hesitate contact us to schedule a consultation.