South Carolina Fiduciary Liability Insurance

CSP Insurance Services was founded in 1939, when Clifford Cormell joined Earnest Streett to sell insurance in Florence. More than 80 years later, we still answer the phone ourselves. No call centers, no chatbots — just a local team that knows your name and your policy.

We compare several carriers to find a policy that fits you, not one company's products.

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80+ years local experience

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Claims history

A single employee complaint about a mismanaged 401(k) can cost a South Carolina business tens of thousands of dollars in legal fees before a judge even reviews the case. Most business owners assume their general liability policy or D&O coverage handles this kind of exposure. It doesn't. Fiduciary liability insurance exists specifically for this risk, and if you sponsor any kind of employee benefit plan, you're more exposed than you probably realize.


South Carolina businesses, whether they're running a restaurant in Florence, a manufacturing operation in Rock Hill, or a healthcare practice in Columbia, face a particular set of pressures right now. Federal retirement plan rules are shifting under the SECURE 2.0 Act, the DOL is actively pursuing enforcement actions, and fiduciary rules remain at the top of the DOL's 2026 regulatory agenda. If your company offers a retirement plan, health insurance, or any ERISA-governed benefit, understanding fiduciary liability coverage, limits, and South Carolina-specific requirements isn't optional: it's essential to protecting both your business and your personal assets.

Understanding Fiduciary Liability in the South Carolina Business Landscape

Fiduciary liability is a legal obligation that comes with managing someone else's money or benefits. The moment your business sponsors a 401(k), pension plan, health plan, or profit-sharing arrangement, certain people within your organization become fiduciaries, whether they signed up for that responsibility or not. That designation carries real legal weight under both federal ERISA law and South Carolina state statutes.


The stakes have grown considerably. General commercial insurance rates rose by an average of 3.7% in Q2 2026, while fiduciary lines have actually seen more pricing stability, making this a relatively affordable coverage to add. But the litigation environment is anything but calm. The DOL recently filed its fifth amicus brief backing 401(k) fiduciaries in forfeiture litigation, signaling that the federal government is paying close attention to how plan assets get handled.

ERISA Compliance and South Carolina State Regulations

ERISA, the Employee Retirement Income Security Act, is the federal backbone of fiduciary regulation. It sets minimum standards for most employer-sponsored benefit plans and requires fiduciaries to act solely in the interest of plan participants. South Carolina doesn't have a state-level ERISA equivalent, but the state's own liability framework still applies in certain contexts, particularly for government plans and non-ERISA arrangements.


South Carolina's evolving liability laws have introduced changes that affect how businesses defend themselves in civil suits, including fiduciary-related claims. The state also has specific insurance market regulations that shape how fiduciary policies are written and priced locally. Businesses operating across multiple South Carolina locations, say in Myrtle Beach and Columbia, need to ensure their coverage accounts for the state's particular legal landscape.

Who Qualifies as a Fiduciary Under State Law?

This is where many business owners get tripped up. You don't need a formal title to be considered a fiduciary. Under ERISA, anyone who exercises discretionary authority over a plan's management, administration, or assets qualifies. That includes the business owner who selected the 401(k) investment options, the HR manager who handles enrollment, and the CFO who approves plan expenses.


Even outside advisors, like the financial consultant who recommends fund lineups, can be classified as fiduciaries. The SECURE 2.0 Act has expanded this exposure further, with new provisions taking effect in 2026 that require automatic enrollment features and broader plan access. More plan participants means more potential plaintiffs if something goes wrong.

Your CSP agent

Lawson Walker, CIC

Insurance Sales

CSP Insurance Services is a fully licensed independent insurance agency serving individuals, families, and businesses across South Carolina.

From our home in Florence, we proudly serve clients in Florence, Myrtle Beach, Rock Hill, Columbia, and communities throughout South Carolina. As an independent Trusted Choice agency, our team works with a wide range of top-rated carriers to provide personal and commercial coverage — home, auto, business, life, and more — tailored to the real needs of the people and businesses we protect.

Boat and Watercraft Coverage for Weekend Adventures

Your homeowners policy might cover a small kayak or canoe, but anything with a motor typically needs its own policy. Boat insurance covers physical damage to the vessel, liability for injuries or property damage you cause on the water, and sometimes towing and salvage costs.


Lake-specific risks differ from coastal ones. A boat kept at Myrtle Beach faces saltwater corrosion, hurricane exposure, and higher theft rates than one stored at a private dock on Lake Wateree. Your policy should reflect where you keep and operate the boat. An independent agency like CSP Insurance Services can compare quotes across multiple marine carriers to find coverage that actually matches your boating habits rather than forcing you into a one-size-fits-all plan.

Feature Admitted (Standard) Carriers Non-Admitted (E&S) Carriers
State regulation Fully regulated; rates filed with state Exempt from rate filing; flexible pricing
Guaranty fund protection Yes: state fund covers claims if carrier fails No: no guaranty fund backstop
Policy forms Standardized (ISO forms common) Manuscript or custom forms
Risk appetite Prefers low-to-moderate risk Accepts high-risk and unusual exposures
Premium cost Generally lower Typically 20-75% higher
Surplus lines tax Not applicable Buyer pays state surplus lines tax (varies 2-5%)
Speed of placement Standard timelines Can be faster or slower depending on complexity

Medical Payments and Personal Injury Protection

Medical payments coverage (MedPay) pays for medical bills for you and your passengers after an accident, regardless of who caused it. South Carolina doesn't require PIP (personal injury protection), but MedPay is a practical alternative that covers immediate medical costs without waiting for fault to be determined. If you regularly travel with family or friends, carrying $10,000 to $25,000 in MedPay is a reasonable baseline.

What Fiduciary Liability Insurance Covers (and What It Doesn't)

A fiduciary liability policy protects the individuals and the organization from claims alleging mismanagement of employee benefit plans. This includes errors in plan administration, imprudent investment selection, failure to follow plan documents, and inadequate disclosure to participants. The policy typically covers both the defense costs and any settlements or judgments.


What it won't cover: intentional fraud, criminal acts, or penalties assessed directly by the IRS or DOL for willful non-compliance. It also won't pay for the correction of the plan itself. If you accidentally over-contributed to employee accounts, the policy covers the lawsuit that follows, not the cost of fixing the contribution error.

Protection Against Administrative Errors and Omissions

Administrative mistakes are the most common source of fiduciary claims, and they're surprisingly easy to make. Late deposit of employee deferrals into a 401(k) is a classic example. The DOL considers this a prohibited transaction, and even a delay of a few days can trigger a violation. A fiduciary liability policy covers the legal defense if an employee or the DOL brings action over this kind of error.


Other covered scenarios include failing to update beneficiary designations after a participant's divorce, miscalculating vesting schedules, or not providing required plan notices on time. These aren't dramatic failures: they're the kind of paperwork oversights that happen in busy offices across South Carolina every week.

Defense Costs for Breach of Fiduciary Duty Allegations

Breach of fiduciary duty lawsuits are expensive to defend even when you've done nothing wrong. A single class action alleging excessive 401(k) fees can generate six figures in legal costs before trial. Fiduciary liability insurance covers attorney fees, court costs, expert witness fees, and settlement amounts up to the policy limit.


One critical detail: most policies are written on a "claims-made" basis, meaning the policy in effect when the claim is reported is the one that responds, not the policy in effect when the alleged error occurred. This makes continuous coverage essential. A gap in your policy could leave you exposed for errors that happened years ago.

Most South Carolina small businesses land on Silver or Gold plans. Bronze works well when paired with employer HSA contributions, while Platinum plans are typically reserved for businesses competing for top talent in industries like healthcare or tech.

Comparing Fiduciary Liability to Other Business Policies

Business owners often assume their existing insurance handles fiduciary risk. This is one of the most expensive misconceptions in commercial insurance. General liability covers bodily injury and property damage. Professional liability covers errors in your professional services to clients. Neither one touches the management of employee benefit plans.


D&O insurance protects directors and officers for corporate governance decisions, but most D&O policies specifically exclude ERISA-related claims. Employment practices liability (EPLI) covers harassment and discrimination suits, not benefit plan disputes. Each of these policies serves a distinct purpose, and fiduciary liability fills a gap that none of the others address.

Comparison Chart: Fiduciary vs. Employee Dishonesty (Fidelity Bonds)

Feature Fiduciary Liability Insurance Fidelity Bond (ERISA Bond)
Required by law? No, but strongly recommended Yes, required by ERISA Section 412
What it covers Claims of mismanagement, errors, breach of duty Theft or dishonest acts by plan fiduciaries
Who it protects The fiduciary and the organization The plan and its participants
Typical coverage trigger Lawsuit or regulatory action Discovery of theft or fraud
Minimum amount No statutory minimum 10% of plan assets, up to $500K (or $1M for plans holding employer securities)
Covers defense costs? Yes No

The fidelity bond is a legal requirement: ERISA mandates it for anyone who handles plan funds. But it only protects the plan from theft. It does nothing if you're sued for choosing bad investments or failing to monitor plan fees. You need both.

Boat and Watercraft Coverage for Weekend Adventures

Your homeowners policy might cover a small kayak or canoe, but anything with a motor typically needs its own policy. Boat insurance covers physical damage to the vessel, liability for injuries or property damage you cause on the water, and sometimes towing and salvage costs.


Lake-specific risks differ from coastal ones. A boat kept at Myrtle Beach faces saltwater corrosion, hurricane exposure, and higher theft rates than one stored at a private dock on Lake Wateree. Your policy should reflect where you keep and operate the boat. An independent agency like CSP Insurance Services can compare quotes across multiple marine carriers to find coverage that actually matches your boating habits rather than forcing you into a one-size-fits-all plan.

Boat and Watercraft Coverage for Weekend Adventures

Your homeowners policy might cover a small kayak or canoe, but anything with a motor typically needs its own policy. Boat insurance covers physical damage to the vessel, liability for injuries or property damage you cause on the water, and sometimes towing and salvage costs.


Lake-specific risks differ from coastal ones. A boat kept at Myrtle Beach faces saltwater corrosion, hurricane exposure, and higher theft rates than one stored at a private dock on Lake Wateree. Your policy should reflect where you keep and operate the boat. An independent agency like CSP Insurance Services can compare quotes across multiple marine carriers to find coverage that actually matches your boating habits rather than forcing you into a one-size-fits-all plan.

Feature Admitted (Standard) Carriers Non-Admitted (E&S) Carriers
State regulation Fully regulated; rates filed with state Exempt from rate filing; flexible pricing
Guaranty fund protection Yes: state fund covers claims if carrier fails No: no guaranty fund backstop
Policy forms Standardized (ISO forms common) Manuscript or custom forms
Risk appetite Prefers low-to-moderate risk Accepts high-risk and unusual exposures
Premium cost Generally lower Typically 20-75% higher
Surplus lines tax Not applicable Buyer pays state surplus lines tax (varies 2-5%)
Speed of placement Standard timelines Can be faster or slower depending on complexity

Determining the Right Coverage Limits for Your Benefits Plan

Choosing the right policy limit isn't guesswork. It should be tied directly to the size of your benefit plans, the number of participants, and the complexity of your plan structure. Underinsuring is a real problem: a $1 million policy sounds substantial until you're facing a class action involving 200 employees and a plan with $15 million in assets.

Assessing Total Plan Assets and Participant Count

Start by adding up the total assets in every benefit plan you sponsor: 401(k), pension, health plan, life insurance, disability. That total gives you a baseline for how much is at stake. A common guideline is to carry fiduciary liability limits equal to at least 10-15% of total plan assets, though businesses with complex plan structures or high employee counts should consider higher limits.


A 50-person manufacturing company in Rock Hill with a $3 million 401(k) plan might be well-served by a $1 million fiduciary liability policy. A 300-employee healthcare provider in Columbia with $20 million across multiple plans should be looking at $3 million or more. The 2026 insurance risk outlook suggests that fiduciary claims frequency is holding steady, but average claim severity continues to climb, making adequate limits more important than ever.


An independent agency like CSP Insurance Services can run these numbers with you and compare options across multiple carriers, which matters because pricing and coverage terms vary significantly between insurers.

Specialty Lines: Flood, Earthquake, and Valuable Items

Flood insurance is a separate policy, typically written through FEMA's National Flood Insurance Program or a private carrier. If your home sits in a designated flood zone anywhere along the SC coast or near inland rivers, your mortgage lender will require it. But even homes outside mapped flood zones can flood: roughly 25% of flood claims come from properties in low-to-moderate risk areas.


Earthquake coverage is less common in South Carolina, but the state sits near the Charleston fault zone, which produced a magnitude 7.3 quake in 1886. A rider or standalone earthquake policy is worth considering if you're in the Lowcountry.


Scheduled personal property endorsements cover high-value items like jewelry, art, firearms, or musical instruments that exceed standard policy sub-limits. Most homeowners policies cap jewelry coverage at $1,500-$2,500 per item. If your engagement ring is worth $8,000, you need a scheduled endorsement or inland marine floater to cover the difference.

Common Questions About South Carolina Fiduciary Insurance

Do I need this if I already have a Fidelity Bond?

Yes. A fidelity bond and fiduciary liability insurance cover completely different risks. The bond protects the plan from theft by a fiduciary. The insurance protects fiduciaries from lawsuits alleging mismanagement. ERISA requires the bond; the insurance is voluntary but covers the far more common risk of administrative errors and breach of duty claims.

Does D&O insurance cover my retirement plan management?

Almost never. Most D&O policies contain an ERISA exclusion that specifically removes coverage for claims related to employee benefit plan management. Even policies without an explicit exclusion typically won't respond to fiduciary breach claims because they fall outside the scope of corporate governance decisions. You need a separate fiduciary liability policy.

How much does a typical policy cost for a small SC business?

For a small South Carolina business with 25-100 employees and a single retirement plan, premiums typically range from $800 to $3,000 per year depending on plan assets, claims history, and the chosen limit. That's less than most business owners expect, and it's a fraction of what a single fiduciary lawsuit would cost to defend. CSP Insurance Services, with over 80 years of experience serving South Carolina businesses, can pull quotes from multiple carriers to find the best fit for your specific plan size.

Are my personal assets at risk if I'm sued for a plan error?

Yes, and this is the part that catches people off guard. ERISA allows personal liability for fiduciary breaches, meaning a court can go after your personal savings, home, and other assets to satisfy a judgment. The SECURE 2.0 provisions taking full effect in 2026 expand plan requirements, which increases the surface area for potential errors and personal exposure.

Boat and Watercraft Coverage for Weekend Adventures

Your homeowners policy might cover a small kayak or canoe, but anything with a motor typically needs its own policy. Boat insurance covers physical damage to the vessel, liability for injuries or property damage you cause on the water, and sometimes towing and salvage costs.


Lake-specific risks differ from coastal ones. A boat kept at Myrtle Beach faces saltwater corrosion, hurricane exposure, and higher theft rates than one stored at a private dock on Lake Wateree. Your policy should reflect where you keep and operate the boat. An independent agency like CSP Insurance Services can compare quotes across multiple marine carriers to find coverage that actually matches your boating habits rather than forcing you into a one-size-fits-all plan.

Boat and Watercraft Coverage for Weekend Adventures

Your homeowners policy might cover a small kayak or canoe, but anything with a motor typically needs its own policy. Boat insurance covers physical damage to the vessel, liability for injuries or property damage you cause on the water, and sometimes towing and salvage costs.


Lake-specific risks differ from coastal ones. A boat kept at Myrtle Beach faces saltwater corrosion, hurricane exposure, and higher theft rates than one stored at a private dock on Lake Wateree. Your policy should reflect where you keep and operate the boat. An independent agency like CSP Insurance Services can compare quotes across multiple marine carriers to find coverage that actually matches your boating habits rather than forcing you into a one-size-fits-all plan.

Feature Admitted (Standard) Carriers Non-Admitted (E&S) Carriers
State regulation Fully regulated; rates filed with state Exempt from rate filing; flexible pricing
Guaranty fund protection Yes: state fund covers claims if carrier fails No: no guaranty fund backstop
Policy forms Standardized (ISO forms common) Manuscript or custom forms
Risk appetite Prefers low-to-moderate risk Accepts high-risk and unusual exposures
Premium cost Generally lower Typically 20-75% higher
Surplus lines tax Not applicable Buyer pays state surplus lines tax (varies 2-5%)
Speed of placement Standard timelines Can be faster or slower depending on complexity

FAQ: Do I need special insurance for a rental RV?

Yes. If you're renting an RV from a peer-to-peer platform, the rental company usually offers insurance, but read the fine print carefully. Your personal auto policy almost certainly won't cover a rented motorhome. If you're renting out your own RV, you'll need a commercial or rental-specific endorsement on your policy.

Making the Right Choice for Your Employees

Fiduciary liability insurance in South Carolina isn't a luxury product for large corporations. It's a practical, affordable protection for any business that offers employee benefits, from a 10-person nonprofit in Florence to a 500-employee operation in Myrtle Beach. The legal exposure is real, the personal liability risk is significant, and the cost of coverage is modest compared to the alternative.


The most important step is getting an honest assessment of your exposure. Look at your plan assets, count your participants, review your administrative processes, and talk to someone who understands both the federal ERISA requirements and South Carolina's specific regulatory environment. If you're ready to see what coverage looks like for your business, request a quote from CSP Insurance Services. Their team can walk you through options from multiple carriers and help you build protection that actually matches your risk, not a one-size-fits-all template.


Your employees trust you with their retirement and their health benefits. The right fiduciary policy makes sure that trust doesn't come at the cost of everything you've built.

About the author

Lawson Walker, CIC

I'm proud to be part of an agency that's served Florence since 1939. CSP Insurance Services started as Cormell-Streett & Patterson, built by people who believed insurance should be personal — and more than eight decades later, that conviction still drives everything we do. Commitment, Service, Protection isn't just what CSP stands for; it's how I approach every client relationship.


As an independent, Trusted Choice agency, we aren't tied to any single carrier. That means I work for you — shopping multiple companies to match you with coverage that actually fits your family, your business, and your budget. No call centers, no chatbots. Just a local expert who takes the time to understand what matters to you and stands by you when it counts.


Whether you're protecting your home, your car, or a business you've spent years building, I'd be glad to help you find the right coverage.

We compare several carriers to find a policy that fits you, not one company's products.

◆

80+ years local experience

1939

Serving SC

Meet Richard

Most Requested

Core business coverage.

The policies most South Carolina businesses start with.

Commercial Property

Protect the building, equipment, and inventory your business runs on, so a covered fire, theft, or storm doesn’t become a closed door.

Workers Compensation

Required for most South Carolina employers with staff. It covers medical bills and lost wages when an employee is hurt on the job.

Commercial Auto

Cars, trucks, and fleets used for work need more than a personal policy. This handles liability, damage, and your drivers.

General Liability

Accidents happen on the job and on your property. General liability covers third-party injury and property damage claims against your business.

Inland Marine

Tools, equipment, and goods on the move aren’t covered by standard property policies. Inland marine protects them wherever they travel.

Business Owners (BOP)

A business owners policy bundles property and liability coverage into one package, often at a better price for small businesses.

We compare several carriers to find a policy that fits you, not one company's products.

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80+ years local experience

1939

Serving SC

Insurance Sales

J. Roger Jordan, CIC

Meet Richard

[CONFIRM bio]

Personal Insurance

Coverage for your home, vehicles, and family.

Protect what matters most with personal policies shopped across our carriers.

Home

Your house is likely your largest investment. Home insurance helps rebuild after covered damage and protects you from liability.

Auto

South Carolina drivers need real protection. Auto coverage handles liability, collision, medical costs, and uninsured drivers.

Umbrella

When a serious claim climbs past your home or auto limits, umbrella coverage adds an extra layer of liability protection.

Boat

Time on the water should be worry-free. Boat coverage protects your vessel, your passengers, and your liability on the lake or coast.

Motorcycle

Riders need coverage built for the road. Motorcycle insurance protects your bike, your gear, and you after an accident.

Condo

Your association covers the building, but not what’s inside. Condo insurance protects your belongings, improvements, and liability.

We compare several carriers to find a policy that fits you, not one company's products.

◆

80+ years local experience

1939

Serving SC

Insurance Sales

J. Roger Jordan, CIC

Meet Richard

[CONFIRM bio]

Get a Quote

Boat

Your association covers the building, but not what’s inside. Condo insurance protects your belongings, improvements, and liability.

Time on the water should be worry-free. Boat coverage protects your vessel, your passengers, and your liability on the lake or coast.

Condo

Get a Quote

Motorcycle

Riders need coverage built for the road. Motorcycle insurance protects your bike, your gear, and you after an accident.

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Industries We Serve

Specialized coverage for your industry.

Every industry carries its own risk. We help South Carolina businesses protect what they've built.

Restaurants

Kitchens, customers, and staff create daily exposure. We protect your property, equipment, liquor liability, and employees.

Manufacturers

From equipment breakdown to product liability, manufacturers face risk on the floor and beyond. We help cover property, machinery, and goods.

Healthcare Providers

Practices and clinics carry patient, property, and professional risk. We help cover liability, equipment, and the people who run your practice.

We compare several carriers to find a policy that fits you, not one company's products.

◆

80+ years local experience

1939

Serving SC

Commercial Property

Protect the building, equipment, and inventory your business runs on, so a covered fire, theft, or storm doesn’t become a closed door.

Meet Richard View all business coverage Get a Quote

Commercial Auto

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Cars, trucks, and fleets used for work need more than a personal policy. This handles liability, damage, and your drivers.

How It Works

Getting covered is simple.

Four steps, one real person from start to finish.

Tell us about you

Share a few details about what you need to protect. A real person reviews it.

We compare carriers

We shop options across our carriers to find strong protection at a fair price.

We recommend coverage

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You get covered

Sign with confidence — and we stay on for changes, claims, and yearly reviews.

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Multi-carrier choice

Claims advocacy

When a claim happens, we stand in your corner and help move it forward with your carrier.

Local SC roots

We live and work in Florence and understand the risks your community faces because we face them too.

Client Reviews

Why clients choose CSP.

Independent advice, real people, and decades of local roots.

We compare several carriers to find a policy that fits you, not one company's products.

◆

80+ years local experience

1939

Serving SC

Insurance Sales

J. Roger Jordan, CIC

Meet Richard

[CONFIRM bio]

Get a Quote

Boat

Your association covers the building, but not what’s inside. Condo insurance protects your belongings, improvements, and liability.

Time on the water should be worry-free. Boat coverage protects your vessel, your passengers, and your liability on the lake or coast.

Condo

Get a Quote

Motorcycle

Riders need coverage built for the road. Motorcycle insurance protects your bike, your gear, and you after an accident.

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FAQs

Questions, answered.

Straight answers about working with an independent agency.

  • What does an independent insurance agency do?

    An independent agency represents several carriers instead of one. We compare coverage and pricing across companies, then recommend the policy that fits you best.

  • Do you cover both personal and business insurance?

    Yes. CSP writes personal lines like home and auto, and commercial lines for businesses across South Carolina.

  • How long has CSP been in business?

    CSP traces its roots to 1939, with more than 80 years serving South Carolina families and businesses.

  • Will I work with a real person?

    Always. No call centers and no chatbots — you work with a local team member who knows your account.

  • Which areas do you serve?

    We’re based in Florence and serve clients statewide, including Myrtle Beach, Rock Hill, and Columbia.

  • How do I get a quote?

    Request a quote online, call us, or stop by the office. A real person will review your needs and follow up.

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We compare several carriers to find a policy that fits you, not one company's products.

◆

80+ years local experience

1939

Serving SC

Insurance Sales

J. Roger Jordan, CIC

Meet Richard

[CONFIRM bio]

Get a Quote

Boat

Your association covers the building, but not what’s inside. Condo insurance protects your belongings, improvements, and liability.

Time on the water should be worry-free. Boat coverage protects your vessel, your passengers, and your liability on the lake or coast.

Condo

Get a Quote

Motorcycle

Riders need coverage built for the road. Motorcycle insurance protects your bike, your gear, and you after an accident.

Get a Quote

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2420 Hoffmeyer Road, Suite D
Florence, SC 29501

Mon–Fri 8:30am – 5:00pm