Protecting the Integrity of the Claims File: Practical and Legal Considerations Under South Carolina Law
An adjuster’s claim file often becomes a focal point in litigation. It can contain witness statements, internal evaluations, communications with experts, and detailed notes of claims handling. These materials provide insight into the insurer’s strategy and reasoning—information that plaintiffs’ counsel routinely seek through discovery. Courts, particularly in South Carolina, have shown limited tolerance for broad or unsupported privilege claims, compelling insurers and defense counsel to carefully structure how claims are documented and communicated.