CourtListener 10153626•Hamm v. Travelers Property Casualty Company
Hamm v. Travelers Property Casualty Company
CourtListener 10153626Scctapp20 de set. de 2010
Texto completo
THIS OPINION
HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Donnie Ray
Hamm, Respondent,
v.
Travelers Property
Casualty Company of America, State Farm Mutual Automobile Insurance Company,
and Kay V. Daily, Defendants,
Of Whom
Travelers Property Casualty Company of America is Appellant,
and
State Farm
Mutual Automobile Insurance Company is also Respondent.
Appeal From Anderson County
Alexander S. Macaulay, Circuit Court
Judge
Unpublished Opinion No. 2010-UP-417
Submitted April 1, 2010 Filed September
20, 2010
REVERSED
William P. Davis, of Columbia, for Appellant.
John M. O'Rourke, of Anderson, and John P. Riordan, of Greenville,
for Respondent.
PER CURIAM: Travelers Property Casualty Company of America
(Travelers) appeals the order of the circuit court granting summary judgment in
favor of Donnie Ray Hamm and reforming his employer's insurance policy to
include underinsured motorist (UIM) coverage. Specifically, the circuit court
found Travelers failed to make a meaningful offer of UIM coverage because the
renewal form did not list the premiums for each additional coverage amount.
Travelers argues on appeal that the lower court erred in granting summary
judgment because (1) State Farm Mutual Auto Insurance Co. v. Wannamaker,
291 S.C. 518, 354 S.E.2d 555 (1987) does not require premium amounts for the
various options of UIM coverage limits to be included on the offer form to
constitute a meaningful offer; (2) Hamm's employer, NationsRent, Inc.,
understood the nature of UIM coverage and intended to reject the offer
regardless of the missing premiums on the form; and (3) the absence of the
premium amounts is irrelevant because the offer would have been rejected
regardless.
This
Court granted Traveler's motion to hold the opinion in abeyance pending a
decision by the South Carolina Supreme Court in Grinnell Corp. v. Wood,
378 S.C. 458, 663 S.E.2d 61 (Ct. App. 2008).[1]
We reverse[2] pursuant to Rule 220(b)(2), SCACR, and the following authorities: Grinnell
Corp. v. Wood, Op. No. 26869 (S.C. Sup. Ct. filed Aug. 16, 2010) (Shearouse
Adv. Sh. No. 33 at 66) (holding a meaningful offer was made where risk manager
knew his options with respect to additional UM and UIM coverage and knowingly
declined the offer despite the form being insufficient because to hold
otherwise would create an absurd result); Ray v. Austin, Op. No. 26858
(S.C. Sup. Ct. filed Aug. 16, 2010) (Shearouse Adv. Sh. No. 32 at 37) (stating
that if the court were to find that the insurer failed to make a meaningful
offer of UIM coverage because it failed to offer coverage in more specific
terms, this would create an absurd result of reforming the insurance policy and
giving the insured coverage it understood, did not want, and clearly rejected); Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518
S.E.2d 591, 598 (1999) ("appellate court need not address remaining
issues when disposition of prior issue is dispositive").
REVERSED.
PIEPER, GEATHERS, JJ., and CURETON, A.J., concur.
[1] Before we
issued the opinion herein, both parties were allowed an opportunity to brief
the applicability of Grinnell Corp. v. Wood, Op. No. 26869 (S.C. Sup.
Ct. filed Aug. 16, 2010) (Shearouse Adv. Sh. No. 33 at 58).
[2] We decide this
case without oral argument pursuant to Rule 215, SCACR.
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.