General

What makes the South Carolina JUA unique?

The South Carolina JUA was started by South Carolinians for South Carolinians. As a not-for-profit association, our purpose is to provide superior coverage and defense at reasonable rates regardless of commercial market conditions. This allows the South Carolina JUA to be a stable and reliable provider of coverage for the medical community in South Carolina.

Friends and colleagues have told me that I should switch to Claims-made coverage to save money. Can the South Carolina JUA help me?

Absolutely. The South Carolina JUA offers both Claims-made and Occurrence coverage. Claims-made coverage can have lower premiums in the early years, but it’s important to understand why. We are not concerned with selling you one or the other, and we will be happy to walk you through both options. Our first priority is helping you to make a fully informed decision, one that is right for your situation.

Do I have to be currently insured with the South Carolina JUA to call or e-mail with questions about medical professional liability insurance?

No. As a not-for-profit association, part of our mission is to provide you the support you need to make fully informed decisions regarding medical professional liability insurance. Regardless of your current insurer, we are here to answer questions, compare coverage options, and help you separate facts from gimmicky sales language.

What is the South Carolina JUA’s record of defense?

No carrier has defended more cases in more South Carolina jurisdictions for more medical specialties than the South Carolina JUA. The vast majority of all claims are resolved without payment, and over 90% of the cases that make it to trial result in a winning verdict for the defense.

Do I have to get a different insurance agent to access South Carolina JUA coverage?

No. The South Carolina JUA will work with every properly licensed insurance agent in the state of South Carolina. Simply call 864.240.5449 or 866.893.6270 or have your agent call to start the discussion. If you do not have an agent, visit the Find an Agent feature on this website to find one near you.

Will the South Carolina JUA drop me if I have a claim?

No. The South Carolina JUA will not cancel your policy simply because you have a claim on your history.1 Policies with loss histories may be experience rated, which may increase future premiums, but your coverage will not be dropped.

1 Unless the claim was the result of criminal misconduct, sexual misconduct or other legal or regulatory violation. Consult policy for details.

If I have a claim, who at the South Carolina JUA will help me?

The South Carolina JUA has the most experienced and talented team of medical liability claims specialists in South Carolina. If you receive a notice of intent or any other indication that a case may be developing, please contact us as soon as possible or get help now from a claims specialist.

Does the JUA policy have a “consent to settle” clause?

Some carriers require the policyholder to sign a consent to settle agreement before a claim can be settled. Carriers with this policy provision hold it up as a feature that assures the protection of its policy holder’s interests in the event of a claim. It can be reassuring for some medical providers to know their consent must be obtained in writing before a case can be settled. A consent to settle clause, however, may force the policyholder to make difficult decisions. Withholding consent may trigger important changes in their limits and/or coverage. Such policy changes could include a reduction in limits available to pay a claim, the carrier’s right to recoup jury awards in excess of the settlement amount, or changes in the way defense expenses are treated.

The JUA does not require written consent from its policy holders to settle a claim. The decision to structure the JUA policy in this manner was made when it was first organized, and it has a number of advantages for insureds. First, it protects all JUA insureds from the rate pressure that can occur when high-risk cases are forced to trial potentially leading to increased verdicts for the plaintiff. Second, it contributes to the JUA’s ability to keep policy terms and conditions unchanged in the event of a claim. Third, it assures that the experienced legal and defense management experts responsible for protecting our insureds best interests are authorized to do so to the full extent of their professional ability. Fourth, it is one of the coverage features that contributes to the JUA’s ability to assure your coverage will not be dropped simply because you have a claim. With the majority of all claims being resolved without payment, and over 90% of trial cases resulting in defense verdicts, the JUA has proven its commitment to protecting its insureds’ interests.

While it may imply a greater sense of comfort and control to have a consent to settle clause in your policy, it is important to understand exactly what changes will be triggered in your coverage when and if you ever do withhold your consent.