X. Subrogation

• Library: The Law of Automobile Insurance in SC (SCBar) (2015 Ed.)

X. Subrogation

A. Subrogation of Basic Coverage

Section 38-77-190 states:

[a]n insurer paying a claim under the uninsured motorist provision required by § 38-77-150 is subrogated to the rights of the insured to whom the claim was paid against any and every person causing the injury, death, or damage to the extent that payment was made. However, the insurer shall pay its proportionate part of any reasonable costs and expenses incurred in connection with any recovery, including reasonable attorneys' fees.

Similarly the Insurance Department's uninsured motorist endorsement provides:

8. Subrogation: Assignment

In the event of any payment under this endorsement, the company shall be subrogated to the rights of the insured to whom such payment was made against any person or organization responsible for such bodily injury or property damage to the extent of such payment; provided, however, the company shall pay its proportionate part of any reasonable costs and expenses incurred in connection with any recovery, including reasonable attorneys' fees; however, the company reserves the right to retain an attorney of its choice to pursue a subrogation claim in lieu of reasonable attorneys' fees. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights.
If the insured has prosecuted to judgment any suit against any person or organization responsible for such bodily injury or property damage, the company shall be entitled to an assignment of such judgment to the extent of any payment under this endorsement.
If the insured making claim for property damage under this endorsement shall also be entitled to compensation by insurance or otherwise for such property damage, the company shall not be obligated to pay such claim until such insured has assigned, to the extent of payment due under this endorsement, his rights to

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