§ 3.6 Insurable Interest - Former Spouses

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 3.6 Insurable Interest - Former Spouses

The South Carolina Court of Appeals addressed whether the ex-wife would be able to share in the insurance proceeds paid out on a fire loss claim in Hinson v. Hinson.⁵³ The family court awarded the wife an equal share of the marital estate, which included the marital home. After the trial, the home was destroyed in a fire. The wife requested that the family court alter or modify that part of the order that apportioned the net equity in the marital residence, which the family court declined to do. The Court of Appeals determined the family court erred and explained:

In this case, the wife still had an interest in the

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