Life Insurance Lawyers in South Carolina

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Is the Life Insurance Company Withholding Your Benefits?

The benefit your loved one arranged should not become another source of uncertainty after their death. If the life insurance company is refusing to pay, our South Carolina life insurance lawyers can examine why.

An insurer may point to a missed premium, an application answer, a policy exclusion, or another reason for withholding the benefit. South Carolina has specific rules that determine when some of those arguments hold up.

Our life insurance attorneys have recovered $200M+ for beneficiaries like you in Greenville, Columbia, Myrtle Beach, Summerville and throughout all 46 South Carolina counties.

We also represent clients nationwide, including beneficiaries facing life insurance disputes in Florida, California, New York, New Jersey, and Texas.

For more than 20 years, we’ve handled denied claims, ERISA disputes, accidental death (AD&D) denials, TSGLI matters, and other life insurance conflicts.

We can determine what the policy requires and whether the insurer followed South Carolina law before withholding your benefit.

“This was truly a difficult case, these guys are a true championship team.”

Success Stories From Our Clients

“5 stars is just not enough for Mr. Boonswang (Chad) and his team. This is the firm that you want to have on your side when you are facing intricate legal problems. They are incredibly professional, empathetic, and knowledgeable. Excellent communication. Easy to work with. Chad went above and beyond on our case- we can't recommend Boonswang Law enough!”

“They have been awesome with my case. Joseph is an excellent attorney. He is competent with up to date knowledge, kindness and compassion. I would highly recommend and trust them.”

South Carolina Rules That Matter When a Life Insurance Claim Is Disputed

South Carolina has detailed rules governing policy rescission, late premiums, contestability, and delayed death benefits. Some can directly affect whether an insurer is allowed to withhold payment.

31-Day Grace Period: Under S.C. Code § 38-63-220, individual life policies generally remain in force for at least 31 days after a premium payment is due.

Two-Year Contestability Limit: After a policy has been in force during the insured’s lifetime for two years, the insurer generally can no longer contest the truth of the original application or the insured’s representations.

Rescinding a Policy: During that two-year period, § 38-63-230 requires either an agreed rescission or a court case in which the insurer proves a fraudulent or material misrepresentation by clear and convincing evidence.

Late Premiums Can Matter: If the insurer or its agent accepts all or part of a premium that is more than 30 days overdue without requiring a reinstatement application, South Carolina law provides that the policy continues without a lapse in coverage.

Interest on Delayed Benefits: If a lump-sum death benefit is not paid within 30 days after the insurer receives proof of death and the claim papers needed to pay it, South Carolina law requires interest at the legal rate from the insured’s date of death until payment.

Our life insurance attorneys will review the company’s reasoning and fight the denial if your benefits were unfairly withheld.

How To Spot an Unjust Life Insurance Claim Denial

The reason written in a denial letter does not tell the whole story.

The application, premium history, policy language, and steps the insurer took before denying or rescinding coverage can all affect whether the decision was proper.

Common Reasons Life Insurance Claims Are Denied:

Alleged errors or missing information on the application
Missed premium payments leading to a lapse in coverage
Policy exclusions related to the cause of death
Disputes over who should receive the benefit
Claims reviewed during the contestability period
Employer errors with group life insurance

Signs the Insurance Company May Be Acting Unfairly:

Delays without clear answers or updates
Misinterpreting or stretching policy language
Overlooking medical records or key evidence
Canceling or challenging coverage after a claim is filed

South Carolina also has a specific attorney-fee provision for life insurance claims. Under § 38-63-90, if an insurer refuses payment after a beneficiary makes a demand and a court finds the refusal was without reasonable cause or in bad faith, the insurer can be required to pay reasonable attorney fees.

Pay particular attention if the insurer wants to rescind the policy and sends back the premiums. Under South Carolina’s rescission law, cashing or depositing a premium-refund check can amount to accepting the insurer’s proposal to void the policy.

Get in touch with our life insurance attorneys to determine the best course of action.

Beneficiaries with questions about an insurer or claim can also contact the South Carolina Department of Insurance, which accepts insurance complaints through its Office of Consumer Services.

Which Type of Benefit Dispute Are You Dealing With?

The source of a life insurance dispute is not always obvious. It may involve premium payments, something on the application, a beneficiary designation, employer coverage, or the carrier’s handling of the claim.

Our life insurance lawyers handle matters throughout South Carolina involving:

Denied Life Insurance Claims

ERISA Group Life Insurance Claims

Accidental Death (AD&D) Denials

Beneficiary Disputes

Delayed Death Benefit Payments

Lapsed Policy Disputes

Alleged Misrepresentation on Applications

Employer Notice Failures

TSGLI Claims

Some claims involve several issues at once. Looking at the policy, payment history, and claim record together can show where the dispute started.

Expert Legal Insights From Boonswang Law: Video Guides for your Claim

Facing a denied life insurance claim and not sure what to do next? Check out our full YouTube channel to learn more about your rights as a beneficiary and how we fight to get you paid.

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See What We’ve Done For Our Past Clients

$1.25M

ING Insurance Company

$1M

New York Life Insurance Company

$780K

AIG American General Life Insurance Co.

How To Protect Your Claim After A Denial

Before responding to the insurer, preserve the records behind the policy and be cautious about anything you are asked to sign, return, cash, or deposit.

Request the Reasoning for the Denial

Ask for the insurer’s explanation in writing, including the policy provisions and information it relied on.

Gather Your Claim Records

Keep the policy, application, premium records, beneficiary forms, claim paperwork, and correspondence together.

Be Careful With Payments or Releases

Don’t sign a release or accept a reduced benefit until you know what the policy provides. If the insurer sends a premium-refund check while proposing to rescind the policy, have it reviewed before cashing or depositing it.

Meet With An Attorney

Our life insurance attorneys can check whether the insurer followed South Carolina’s rules for lapse, rescission, and payment of death benefits.

Keep every notice, check, letter, and email the insurer sends after the claim is filed. Those records can become important if its decision is disputed.

We Fight For You with No Upfront Legal Fees

You’re under enough stress. You don’t need legal fees to add to it.

We handle life insurance cases on a contingency basis, which means you’ll pay nothing until we recover your benefits.

How We Handle South Carolina Life Insurance Disputes

Although Boonswang Law is based in Philadelphia, South Carolina matters can be handled by attorneys admitted in South Carolina and, for a particular case when appropriate, through pro hac vice admission with court approval.

The issues we examine depend on why the benefit has not been paid. That can include:

Whether the policy was active when the insured died
What the application actually said and what the insurer claims was inaccurate
Whether premium records support the carrier’s claimed lapse date
Whether an attempted rescission followed South Carolina’s required procedure
What the medical records, beneficiary forms, and other claim evidence show
Whether an appeal, negotiation, or lawsuit is the appropriate next step

Fighting For Beneficiaries Across South Carolina

Charleston
Columbia
Goose Creek
Greenville
Hilton Head Island
Mount Pleasant
Myrtle Beach
North Charleston
Rock Hill
Summerville
Sumter

Find Out What’s Holding Up Your Life Insurance Benefit

A claimed lapse, disputed application answer, beneficiary conflict, or payment delay can each call for a different response. We can review the records behind the dispute and determine what South Carolina law and the policy say about payment.

Start with a free case evaluation.

Life Insurance Questions? Our Attorneys Have Clear Answers

Potentially. South Carolina law generally revokes a revocable life insurance beneficiary designation made to a former spouse before divorce, unless an exception applies. Certain employer-sponsored plans can also be governed by federal law instead.

Yes, in some cases. South Carolina provides at least a 31-day grace period, and if an insurer accepts a premium more than 30 days overdue without requiring reinstatement, the policy can continue without a lapse in coverage.

Yes, changes made shortly before death can be challenged if there are concerns about pressure, fraud, or the policyholder’s mental state.

Generally, no. The policyholder cannot make a new beneficiary designation after death, although a dispute can still arise over whether the existing designation is legally effective.

South Carolina requires an insurer to deliver a copy of the application with the life insurance policy. If it does not, state law can prevent the insurer from defending against the policy based on something contained in or omitted from that application.

The South Carolina Department of Insurance directs consumers to the NAIC Life Insurance Policy Locator, a free service that can help find a deceased person’s life insurance policy or annuity. If benefits have already been transferred to the state because the beneficiary could not be located, the South Carolina Treasurer’s unclaimed-property program is another place to check.