Madden v. Pilot Life Insurance Co.

Rhodes, Justice:

Plaintiff instituted this action against defendant insurance company to recover disability benefits provided under a group policy and obtained a jury verdict in his favor. The trial judge subsequently awarded $2,500 attorney’s fees to plaintiff’s counsel as permitted by § 38-9-320, South Carolina Code of Laws, (1976). The insurer has not appealed the jury verdict, but has appealed the order awarding attorney’s fees. We reverse.

Under authority of § 38-9-320, a trial judge is permitted to award attorney’s fees when an insurance company’s refusal to pay “. . . [is] without…