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McMILLAN v. JOHN M. HUGHES SEAFOOD CO.

No. 24703.

328 S.C. 157 (1997)

493 S.E.2d 91

Henry Sanders McMILLAN, Jr. and Evelyn Marie McMillan, Plaintiffs, v. JOHN M. HUGHES SEAFOOD COMPANY, INC. and CSX Transportation, Inc., Defendants.

Supreme Court of South Carolina.

Decided October 27, 1997.

Attorney(s) appearing for the Case

Blake G. Arata, Jr., C. Perrin Rome, III, Benjamin B. Saunders, all of Davis, Saunders, Arata & Rome, Metairie, Louisiana; Austin J. Tothacer, Jr., Moncks Corner, for plaintiffs.

Stephen F. McKinney, of Haynsworth, Marion, McKay & Guerard, L.L.P., Columbia, for Defendant, CSX Transportation, Inc.

Henry Grimball, of Buist, Moore, Smythe & McGee, P.A., Charleston, for State Farm Mutual Ins. Co.

FINNEY, Chief Justice:

The United States District Court for the District of South Carolina has certified the following question to this Court:

Do the settlement agreements entered into between plaintiffs and defendant CSX Transportation, Inc., constitute an impermissible assignment of a claim for underinsured motorists benefits contrary to S.C.Code Ann. § 38-77-160 (Supp.1996)?

Henry McMillan was injured when a train owned by CSX struck a tractor...

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