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WILLIS v. FIDELITY AND CASUALTY CO. OF N.Y.

18946

253 S.C. 91 (1969)

169 S.E.2d 282

Norma Jean WILLIS, by her Guardian ad Litem, Dewey E. Willis, Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Respondent.

Supreme Court of South Carolina.

July 30, 1969.

Attorney(s) appearing for the Case

Messrs. Odom, Nolen & Foster, Johnson & Smith and James J. Raman, all of Spartanburg, for Appellant.

Messrs. Fulmer, Barnes, Berry & Austin, of Columbia, for Respondent.

Messrs. John Gregg McMaster and Robert J. Thomas, of Columbia, for Southern Farm Bureau Casualty Insurance Company, as Amicus Curiae.

Messrs. Nelson, Mullins, Grier & Scarborough, of Columbia, for State Farm Mutual Automobile Insurance Company, as Amicus Curiae.

Messrs. Odom, Nolen & Foster, Johnson & Smith and James J. Ramin, all of Spartanburg, in Reply.

July 30, 1969.

BRAILSFORD, Justice.

The sole question involved on this appeal is whether the exclusion of an automobile owned by a member of the household of the named insured from the "nonowned automobile" coverage of a liability insurance policy is inconsistent with the Motor Vehicle Safety Responsibility Act, as amended, and hence invalid. It arises on these facts.

Charles R. Russell and his mother, Mary...

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