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COBB v. BENJAMIN

No. 2626.

325 S.C. 573 (1997)

482 S.E.2d 589

Janice Lee COBB, Appellant/Respondent, v. Edith W. BENJAMIN, Nationwide Mutual Ins. Co., Respondents, Auto-Owners Ins. Co., Respondent/Appellant.

Court of Appeals of South Carolina.

Decided January 27, 1997.

Rehearing Denied March 20, 1997.

Attorney(s) appearing for the Case

J. David Standeffer and John P. Griffith, both of Standeffer & Brislane, Anderson, for appellant/respondent.

Carey C. Doyle, of Doyle & O'Rourke, Anderson, for respondents.

Phillip E. Reeves & Jennifer E. Johnsen, both of Gibbes, Gallivan, White & Boyd, Greenville, for respondent/appellant.

HOWARD, Judge:

In this declaratory judgment action, we are asked to determine whether or not S.C.Code Ann. § 38-77-160 (Supp.1995) requires the payment of liability limits under a tortfeasor's automobile insurance policy before underinsured motorist (UIM) coverage is recoverable by an injured party. The trial court held the UIM carrier is entitled to a credit for any amount of liability insurance coverage not exhausted in a settlement, but § 38-77-160 does...

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