Brown v. Johnson

Littlejohn, Justice:

The sole issue in this appeal is whether the trial judge erred in awarding attorney fees to counsel for Sadie Pierce Johnson, an insured person, under the provisions of § 38-9-320, Code of Laws of South Carolina (1976). That section provides, in relevant part, as follows:

“(1) In the event of a claim, loss or damage which is covered by a policy of insurance or a contract of a nonprofit hospital service plan or a medical service corporation and the refusal of the insurer, plan or corporation to pay such claim within ninety days after a demand had been made by the holder of…