FIRST-PARTY PROPERTY DAMAGE DEMAND LETTER

State of South Carolina

[LAW FIRM LETTERHEAD]

PRIVILEGED AND CONFIDENTIAL
SETTLEMENT COMMUNICATION - FOR RESOLUTION PURPOSES ONLY
PROTECTED UNDER SC RULES OF EVIDENCE AND F.R.E. 408

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [ADJUSTER_EMAIL]

Date: [DATE]

[INSURANCE_COMPANY_NAME]
[PROPERTY_CLAIMS_DEPARTMENT_ADDRESS]
[CITY], [STATE] [ZIP]

Attention: [ADJUSTER_NAME], [ADJUSTER_TITLE]
Re: FORMAL DEMAND FOR PROPERTY DAMAGE CLAIM - SOUTH CAROLINA LAW
Insured: [INSURED_NAME]
Property Address: [PROPERTY_ADDRESS]
Policy Number: [POLICY_NUMBER]
Claim Number: [CLAIM_NUMBER]
Date of Loss: [DATE_OF_LOSS]
Type of Loss: [LOSS_TYPE]
Coverage Limits: [COVERAGE_LIMITS]
Response Deadline: [RESPONSE_DEADLINE]

Dear [ADJUSTER_NAME]:

I. INTRODUCTION AND NATURE OF DEMAND

This firm represents [CLIENT_NAME] ("our client") in connection with the above-referenced property damage insurance claim arising under South Carolina law. This letter constitutes a formal demand for payment of all policy benefits owed for covered losses sustained at [PROPERTY_ADDRESS].

Having represented policyholders in South Carolina for decades, the pattern in this case is all too familiar: a legitimate claim, a covered loss, and an insurer that has [DELAYED PAYMENT/UNDERVALUED THE LOSS/DENIED COVERAGE WITHOUT JUSTIFICATION].

II. SOUTH CAROLINA PROPERTY INSURANCE LAW

A. Prompt Payment Requirements

Under South Carolina law:

No comprehensive prompt payment statute

B. Appraisal Provisions

No mandatory appraisal statute; governed by policy terms

C. Bad Faith Standard

South Carolina recognizes common law bad faith for first-party claims. Must show: (1) existence of mutually binding contract; (2) refusal to pay benefits; (3) resulting from bad faith or unreasonable action. Tadlock Painting Co. v. Md. Cas. Co., 473 S.E.2d 52 (S.C. 1996). Proof must be convincing.

D. Available Remedies

Compensatory damages, consequential damages, emotional distress, and punitive damages

III. POLICY INFORMATION AND COVERAGE

A. Policy Details

B. Applicable Coverage and Limits

C. Coverage Analysis

The loss is clearly covered under South Carolina law interpretation principles because:

1. The cause of loss is a covered peril
2. The damage occurred during the policy period
3. The property is covered property
4. No exclusions apply
5. All policy conditions have been satisfied

IV. THE LOSS EVENT

A. Description of Loss

On [DATE_OF_LOSS], the insured property at [PROPERTY_ADDRESS] sustained significant damage due to [DESCRIBE_LOSS_EVENT].

[DETAILED_NARRATIVE]

B. Cause and Origin

The cause of the loss was:

• Fire (accidental/electrical/HVAC/other)
• Water damage (plumbing/appliance/roof/storm)
• Wind/Windstorm
• Hail
• Hurricane/Named Storm
• Tornado
• Lightning
• Theft/Vandalism
• [OTHER_CAUSE]

C. Mitigation Efforts

Our client took immediate steps to mitigate damage as required under South Carolina law:

V. CLAIM HISTORY AND INSURER'S RESPONSE

A. Claim Timeline

B. Insurer's Position and Our Response

[CARRIER_SHORT_NAME] has [DESCRIBE_INSURER_POSITION].

This position is unreasonable under South Carolina law because [EXPLAIN_WHY_WRONG].

VI. DAMAGES AND CLAIMED AMOUNTS

A. Dwelling Damage (Coverage A)

B. Other Structures (Coverage B)

$[TOTAL_OTHER_STRUCTURES]

C. Personal Property (Coverage C)

D. Loss of Use (Coverage D)

E. Claim Summary

VII. OVERHEAD AND PROFIT

Our client is entitled to general contractor overhead and profit because:

• The repairs require coordination of multiple trades
• The scope and complexity exceeds simple repairs
• A general contractor is reasonably necessary
• Industry standard is [___]% overhead and [___]% profit

[CARRIER_SHORT_NAME]'s refusal to include O&P is contrary to South Carolina law and industry standards.

VIII. APPRAISAL DEMAND (IF APPLICABLE)

A. Invoking Appraisal

Due to [CARRIER_SHORT_NAME]'s failure to fairly evaluate this claim, we hereby invoke the appraisal process under the policy and South Carolina law.

We appoint [APPRAISER_NAME] as our client's appraiser.

Please provide [CARRIER_SHORT_NAME]'s appraiser within [NUMBER] days.

B. Scope of Appraisal

The following items are submitted to appraisal:

• Amount of loss to dwelling (Coverage A)
• Amount of loss to other structures (Coverage B)
• Amount of loss to personal property (Coverage C)
• [SPECIFIC_DISPUTED_ITEMS]

Note: Coverage questions are reserved for litigation.

IX. STATUTORY VIOLATIONS AND BAD FAITH

A. South Carolina Prompt Payment Violations

[CARRIER_SHORT_NAME] has violated No comprehensive prompt payment statute by:

• [VIOLATION_1]
• [VIOLATION_2]
• [VIOLATION_3]

B. Unfair Claims Settlement Practices

[CARRIER_SHORT_NAME] has violated S.C. Code Ann. 38-59-20 by:

• Misrepresenting pertinent facts or policy provisions
• Failing to acknowledge and act promptly on communications
• Failing to adopt reasonable investigation standards
• Not attempting good faith settlement when liability is clear
• Compelling litigation by offering substantially less than owed
• Failing to provide reasonable explanation for denial/delay

C. Bad Faith

Under South Carolina law:

South Carolina recognizes common law bad faith for first-party claims. Must show: (1) existence of mutually binding contract; (2) refusal to pay benefits; (3) resulting from bad faith or unreasonable action. Tadlock Painting Co. v. Md. Cas. Co., 473 S.E.2d 52 (S.C. 1996). Proof must be convincing.

Available remedies include: Compensatory damages, consequential damages, emotional distress, and punitive damages

X. DEMAND

A. Monetary Demand

We demand payment of $[TOTAL_DEMAND]:

XI. RESPONSE DEADLINE AND CONSEQUENCES

This demand must be accepted by 5:00 p.m. [TIME_ZONE] on [RESPONSE_DEADLINE].

Consequences of Non-Response

If [CARRIER_SHORT_NAME] fails to accept this demand:

1. Litigation will be filed in South Carolina seeking:
   - All policy benefits
   - Statutory penalties and interest
   - Bad faith damages
   - Punitive damages (where available)
   - Attorney's fees and costs

2. Regulatory complaints will be filed with:
   - South Carolina Department of Insurance, 1201 Main Street, Suite 1000, Columbia, SC 29201
   - National Association of Insurance Commissioners

3. Appraisal will be invoked (if not already)

XII. DOCUMENT PRESERVATION NOTICE

This letter serves as notice to preserve all documents and ESI related to this claim.

XIII. CONCLUSION

[CARRIER_SHORT_NAME] sold our client a policy promising protection against property losses. That loss has occurred. The coverage is clear. The only thing missing is payment.

Respectfully submitted,

[LAW_FIRM_NAME]

By: _______________________________
[ATTORNEY_NAME]
[BAR_NUMBER]
[ADDRESS]
[CITY], SC [ZIP]
[PHONE]
[EMAIL]

Counsel for [CLIENT_NAME]

ENCLOSURES:
- Policy declarations page
- Relevant policy provisions
- Contractor estimates
- Photographs of damage
- Personal property inventory
- Supporting documentation

CC:
- [CLIENT_NAME]
- [MORTGAGEE_NAME] (if applicable)
- South Carolina Department of Insurance, 1201 Main Street, Suite 1000, Columbia, SC 29201

SOUTH CAROLINA PROPERTY INSURANCE LAW QUICK REFERENCE