Burgess v. Nationwide Mutual Insurance Company, 373 S.C. 37

Summary

The Supreme Court of South Carolina considered whether an automobile insurance policy could limit the portability of underinsured motorist coverage when the insured was injured while operating a vehicle he owned but had not insured for UIM coverage. The court held that the policy limitation did not violate public policy or S.C. Code Ann. § 38-77-160 and reversed the Court of Appeals' decision requiring Nationwide to pay UIM benefits.

Holdings

1. Public policy is not offended by an automobile insurance policy provision limiting the portability of basic at-home underinsured motorist coverage when the insured has an owned vehicle involved in the accident but did not purchase underinsured motorist coverage for that vehicle.
2. Nationwide was not required to provide Burgess with the claimed $15,000 in underinsured motorist benefits under the policy provision at issue.

Questions Presented

1. Whether Nationwide's policy provision limiting the portability of basic underinsured motorist coverage when the insured is injured while operating an owned vehicle not insured under the Nationwide policy violates South Carolina Code section 38-77-160 or public policy.

Disposition

reversed