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Many issues that the legislature debates have passionate supporters on both sides and will affect the lives and businesses of thousands – if not millions – of South Carolinians. When the stakes are high, people will, naturally, be enthusiastic about their perspective and tensions will, occasionally, flare. Never, though, have I personally witnessed an issue that has be as acrimonious and polarizing as the Senate’s recent debate over Senate Bill 244 – known as tort reform. Reasonable debate has been replaced by personal attacks and character assassination.
Just this week, for example, I looked down at my phone to see, unbeknownst to me, that I was bragging about killing S. 244 to benefit “liberal trial lawyers.” This is not true – and I have not even had the opportunity to vote on the bill to this point. The issue is more complicated than this, but that is hard to put into 132 characters on X or in a Facebook post. There is zero question that our bars, restaurants, and convenience stores are suffering from skyrocketing insurance rates, and that many are shutting down as a result. Something must be done to address this crisis. I have been calling for reform to our liquor liability insurance for four years, so to say that I don’t support it is to ignore four years of my own legislative record. There are also other areas where I agree with provisions of S. 244 beyond just liquor liability – from reform to medical malpractice lawsuit occurrences to ensuring that we address elements of contributory negligence in lawsuits, but there are some dangerous problems with this bill, too, that I believe will hurt South Carolina businesses and families.
The most glaring problems with this bill, which I have sought to address are as follows: it allows insurance companies an additional ten (10) months to decide to settle claims and it provides non-parties to be named on a jury form that could make an insurance policy that is designed to protect you, essentially, ineffective and unwilling to pay a legitimate claim.
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While I do not believe that insurance companies should be abused by some TV lawyers who want to treat a business insurance policy as a line of credit for big pay outs, insurance companies also should not be allowed to collect your premiums and then never pay a legitimate claim. The Senate should not be on the side of abusive lawsuits or big insurance; we should be on the side of bringing down insurance rates for businesses and individuals and keeping businesses open and protected.
I have not opposed reasonable tort reform, but I do oppose going too far in either direction. I want to make sure we ensure predatory lawsuits are limited and that insurance companies also act in good faith and pay legitimate claims in a timely manner. All I have asked, and did so in an amendment that I supported with Senator Goldfinch, is that we don’t allow insurance companies 10 months to pay your legitimate claim, we don’t allow non-party defendants to be blamed to ensure your legitimate claim is not paid, and that corporate liability costs are not paid for by taxpayer money. That is all. I have not voted against 244 as a whole; I even voted for allowing debate to proceed. I am tired of the lies, the special interest attacks, and our inability to reach a compromise that will protect our small businesses and our citizens.
I am not a Senator for TV trial lawyers or big insurance; I am trying to get a reform bill that works to save small business. If that means I continue to get attacked by special interests, some in my own caucus, or in the press, so be it. I am not being bought and paid for by anyone, I just want to be sure we come to a compromise that does what it says it will do and does not leave our people holding the bag and closing their doors.
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ABOUT THE AUTHOR…
Josh Kimbrell represents the people of S.C. Senate District 11 in the Palmetto State’s General Assembly.
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3 comments
And this is where you misunderstand your job just as most elected officials do. You are elected to represent the people, citizens, voters in your district. You are not elected to represent business, big or small, PACS, lobbyists or special interest groups. It has become a big problem and we are tired of being silenced.
I’ve been watching Senator Larry Grooms lie about the Treasurer Loftis for 6 months and not one Senator has stood up for Loftis.
As a CPA I find Grooms’ line of thinking childish and his ethic to be trashy.
No Senator should expect the truth when the Senators themselves don’t value honesty.
There are good reasons to include non-party defendants. I cannot think of a good reason to allow an additional 10 months for an insurance company to pay.