Shumpert v. Time Insurance

ANDERSON, Judge:

This appeal concerns a claim for subrogation by a health insurance provider against an insured’s recovery from a third-party tortfeasor. At issue is whether the insurer is entitled to subrogation when the health insurance policy does not contain a subrogation clause as provided by S.C.Code Ann. § 38-71-190 (Supp.1996). The circuit court held a health insurer may still recover under the theory of equitable subrogation in the absence of an express contractual provision for subrogation. The court denied the Shumperts’ claim for bad faith. We affirm in part and reverse in part. 1

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