Third Party Victim of An Improper Claims Practice Relief In South Carolina
South Carolina Code Annotated Section 38-59-20 (1989) (The South Carolina Claims Practices Act):
The Act provides relief for a third party victim of an improper claims practice. S.C. Code Ann. 38-59-10 to -50 (1989 & Supp. 1999); Kleckley 338 S.C. at 137, 526 S.E.2d at 221.
Section 38-59-20 declares that a third party may pursue administrative action before the Chief Insurance Commissioner if an insurer inter alia "knowingly misrepresents to insureds or third-party claimants pertinent facts or policy provisions relating to coverages at issue or providing deceptive or misleading information with respect to coverages." S.C. Code Ann. 38-59-20(1) (1989).
The Act does not create a private cause of action. See Swinton v. Chubb & Son. Inc., 283 S.C. 11, 320 S.E.2d 495 (Ct. App. 1984) (holding section 38-37-1110, the predecessor statute, recodified by 1987 Act No. 155, 1 to section 38-59-20, did not allow a private cause of action).