· 9/15/2003
Charleston Dry Cleaners & Laundry, Inc. v. Zurich American Insurance
Citations
- 586 S.E.2d 586
- 355 S.C. 614
- 2003 S.C. LEXIS 216
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \no bad faith claim can be brought against an independent adjuster or independent adjusting company\ due to the lack of privity
- recognizing that an insurer owes the insured the duty of good faith and fair dealing, which arises from the insurance contract
- holding that “no bad faith claim can be brought against an independent adjuster or independent adjusting company” due to the lack of privity
- following the “majority rule” and finding that insured cannot bring claim of negligence against independent insurance adjuster or adjusting company, because neither owes a general duty of care to insured
- reasoning negligence and bad faith claims against independent adjusters or adjusting companies must fail inasmuch as the “duty of good faith arising under the contract does not extend to a person who is not a party to the insurance contract”
- “ Foreseeability of injury, in and of itself, does not give rise to a duty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waller, Toal, Moore, Burnett, Pleicones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.