SOUTH CAROLINA AUTO INSURANCE GUIDE

South Carolina Tyger River Failure to Settle & Excess Exposure

South Carolina recognizes insurer liability for unreasonable failure to settle within policy limits under the doctrine associated with Tyger River Pine Co. v. Maryland Casualty Co. The central inquiry is whether the liability insurer gave appropriate consideration to a reasonable settlement opportunity and protected the insured from excess exposure.

  • Document policy limits, liability evidence, damages and the terms and timing of settlement opportunities.
  • Evaluate whether the insurer had a reasonable opportunity to settle within limits.
  • Preserve communications among insurer, insured, defense counsel and claimant.
  • Analyze assignment, covenant and excess-judgment issues under current South Carolina law.

Current-law review: September 17, 2026. Tyger River analysis is fact-intensive and should be tied to the actual settlement record.