South Carolina Insurance Appraisal Law
The Supreme Court of South Carolina has enforced appraisal of the amount of an admitted loss and treats partiality of an appraiser or umpire as a ground to challenge an award.
Scope: Property insurance appraisal under policy appraisal clauses, as decided by the Supreme Court of South Carolina. Both decisions below are decades old; AUA has not yet reviewed later South Carolina treatment.
Partially reviewed Review due Verified against the linked sources on October 20, 2026 · next review January 18, 2027
| Subject | South Carolina rule | Authority and related decisions |
|---|---|---|
| Impartiality | Appraisers are not advocates. In L.D. Jennings Co. v. North River Insurance Co., 171 S.C. 548 (1934), the court, drawing on earlier precedent, observed that appraisers are not "agents, representatives, or advocates of the party by whom they are selected" and should exercise judicial impartiality. Allegations that an appraiser and the umpire adopted one side's figures without investigation stated a defense of partiality and bias. | Court decision L.D. Jennings Co. v. North River Insurance Co., 171 S.C. 548 (1934) Court decision L.D. Jennings Co. v. North River Insurance Co. (171 S.C. 548, 1934) |
| Award | Binding absent fraud or partiality. Hendricks v. American Fire & Casualty Co., 247 S.C. 479 (1966): where the insurer admitted liability and the parties disagreed on the amount, referral to appraisers was proper. A mere mistake of judgment does not vitiate an award "even though the award is for an inadequate sum"; an otherwise valid award stands "unless it is shown that there was fraud, actual or implied, or that the appraisers were not impartial." The court also discussed when notice of the appraisers' meeting is required where the policy is silent. | Court decision Hendricks v. American Fire & Casualty Co., 247 S.C. 479 (1966) Court decision Hendricks v. American Fire & Casualty Co. (247 S.C. 479, 1966) |
Not yet reviewed for South Carolina: state license, contingency fees, umpire selection, causation, coverage, deadlines.
South Carolina authorities by category
Administrative rules and codes
Regulator: South Carolina Department of Insurance
South Carolina court decisions
- Hendricks v. American Fire & Casualty Co. (247 S.C. 479, 1966) (Supreme Court of South Carolina): Where the insurer admitted liability and only the amount was disputed, appraisal was proper. A mistake of judgment does not vitiate an award; an otherwise valid award stands unless fraud or lack of impartiality is shown. Subjects: Award
- L.D. Jennings Co. v. North River Insurance Co. (171 S.C. 548, 1934) (Supreme Court of South Carolina): Allegations that the insured's appraiser and the umpire adopted the insured's figures without investigation or submission of differences stated a defense of partiality and bias to an action on the award. Subjects: Impartiality
Research, not legal advice. Each entry summarizes the linked statute, regulation, guidance or court decision as checked on the date shown. Laws change, policy wording controls, and courts in the same state can disagree. Read the source and consult a licensed attorney before relying on any entry. Coverage is not yet exhaustive: states marked "Not yet reviewed" have not been researched, not "no rule".
← All states · South Carolina in the research library · South Carolina decisions
Frequently asked questions
What impartiality standard applies to appraisers in South Carolina?
Appraisers are not advocates. In L.D. Jennings Co. v. North River Insurance Co., 171 S.C. 548 (1934), the court, drawing on earlier precedent, observed that appraisers are not "agents, representatives, or advocates of the party by whom they are selected" and should exercise judicial impartiality. Allegations that an appraiser and the umpire adopted one side's figures without investigation stated a defense of partiality and bias.
Is an appraisal award binding in South Carolina, and how is it enforced?
Binding absent fraud or partiality. Hendricks v. American Fire & Casualty Co., 247 S.C. 479 (1966): where the insurer admitted liability and the parties disagreed on the amount, referral to appraisers was proper. A mere mistake of judgment does not vitiate an award "even though the award is for an inadequate sum"; an otherwise valid award stands "unless it is shown that there was fraud, actual or implied, or that the appraisers were not impartial." The court also discussed when notice of the appraisers' meeting is required where the policy is silent.