South Carolina § 38-63-90 - Attorneys' fees authorized.
Full text of South Carolina South Carolina Code of Laws § 38-63-90 — Attorneys' fees authorized., with citation guidance and answers to common questions.
§ 38-63-90. Attorneys' fees authorized.
When a life insurer refuses to pay a claim on a life insurance policy within thirty days after a demand has been made by the beneficiary of the policy or contract, and a finding on suit of the contract made by the trial judge that the refusal was without reasonable cause or in bad faith, the insurer is liable to pay the beneficiary, in addition to any sum or any amount otherwise recoverable, all reasonable attorneys' fees for the prosecution of the case. The amount of reasonable attorneys' fees must be determined by the trial judge and the amount added to the judgment. If attorneys' fees are allowed and, on appeal by the defendant, the judgment is affirmed, the Supreme Court or the court of appeals shall allow to the respondent an additional sum as the court adjudged reasonable as attorneys' fees of the respondent on the appeal.
HISTORY: Former 1976 Code SECTION 38-63-90 [1985 Act No. 189, SECTION 1] recodified as SECTION 38-53-140 by 1987 Act No. 155, SECTION 1; New SECTION 38-63-90 enacted by 1988 Act No. 482, SECTION 5; 1999 Act No. 55, SECTION 39.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 38-63-90
What does South Carolina Code of Laws § 38-63-90 cover?
Section 38-63-90 ("Attorneys' fees authorized.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 38-63-90?
A common citation format is "South Carolina Code of Laws § 38-63-90" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 38-63-90 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.