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STATE FARM MUTUAL AUTOMOBILE INC. CO. v. RICHARDSON

No. 23920.

437 S.E.2d 43 (1993)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. David RICHARDSON, Patricia Richardson, and Brett Floyd, a minor under the age of fourteen, Respondents.

Supreme Court of South Carolina.

Decided August 23, 1993.

Attorney(s) appearing for the Case

William W. Kehl of Wyche, Burgess, Freeman & Parham, P.A., Greenville, for appellant.

Douglas F. Patrick of Covington and Patrick, Greenville, for respondents.

HARWELL, Chief Justice:

This is a declaratory judgment action. State Farm Mutual Automobile Insurance Company (State Farm) contends that the trial judge erred in ruling that a clause in an automobile insurance policy which prevents a claimant from stacking personal injury protection (PIP) benefits violates S.C.Code Ann. § 38-77-145 (Supp.1992). We agree and reverse.

I. FACTS

David and Patricia Richardson (Richardsons) incurred medical expenses...

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