Cain v. Nationwide Property and Casualty Insurance Co., 378 S.C. 25

Summary

The Supreme Court of South Carolina affirmed the denial of uninsured motorist proceeds to Delmore Cain under S.C. Code § 15-78-190. The court held that recovery under the statute remains subject to the terms and statutory definitions governing uninsured and underinsured motorist coverage, and Cain could not recover because the government vehicle was underinsured rather than uninsured and his policy excluded underinsured motorist coverage.

Holdings

1. Section 15-78-190 does not create an independent entitlement to compensation for all damages exceeding the Tort Claims Act cap. Recovery remains subject to the statutory definitions and the terms of the plaintiff's uninsured or underinsured motorist policy.
2. Cain could not recover under the Nationwide uninsured motorist coverage because the dump truck was an underinsured vehicle, not an uninsured vehicle, and Cain had expressly declined underinsured motorist coverage.

Questions Presented

1. Whether South Carolina Code section 15-78-190 independently required Nationwide to compensate Cain for damages exceeding the Tort Claims Act cap, regardless of the statutory and policy definitions of uninsured and underinsured vehicles.
2. Whether Cain could recover under the uninsured motorist provisions of his Nationwide policy when the government dump truck had liability coverage greater than the statutory minimum but less than Cain's damages, making it an underinsured rather than uninsured vehicle.

Disposition

affirmed