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Linder v. Insurance Claims Consultants, Inc.

South Carolina Supreme Court
560 S.E.2d 612 (2002)


Facts

A fire caused significant damages to the Linders’ (plaintiffs) home. While the Linders’ insurance company was adjusting their insurance claim, the Linders hired Insurance Claims Consultants, Inc. (ICC) (defendant), to review their claim. ICC employees were not attorneys. The Linders agreed to pay ICC 10 percent of the total amount they recovered. The Linders’ insurance company initially rejected their claim for the full value of their gun collection. ICC advised the Linders that the gun collection should be covered under the policy and discussed that opinion with the insurance company. Eventually, the insurance company reversed its decision and awarded the Linders the collection’s full value. Upon the resolution of the Linders’ insurance claims, the Linders refused to pay ICC the agreed-upon 10 percent. ICC sued for breach of contract. The Linders sued ICC in the South Carolina Supreme Court for unauthorized practice of law.

Rule of Law

Issue

Holding and Reasoning (Waller, J.)

Dissent (Pleicones, J.)

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