South Carolina: Court Finds Workers’ Comp Policy Was Procured by Fraud

South Carolina: Court Finds Workers’ Comp Policy Was Procured by Fraud

Where an employer rushed to an insurance agency to procure a policy of workers’ compensation coverage after one of its employees sustained serious injuries in a fall from a roof, the policy was void ab initio; “cancellation” of the policy under S.C. Code Ann. § 38-75-730 (2015) was, therefore, not required. The appellate court observed that insurance was meant to protect against the unknown or the possibility of a loss. It could not be used to protect the employer from a loss that had already occurred.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Bessinger v. R-N-M Builders & Assocs., LLC, 2017 S.C. App. LEXIS 83 (Oct. 25, 2017)

See generally Larson’s Workers’ Compensation Law, § 150.02.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see