SANDERS v. AMERICAN SOUTHERN INS. CO.

No. 2628.

325 S.C. 628 (1997)

481 S.E.2d 717

Mamie SANDERS, Personal Representative of the Estate of Jeffroe Sanders, Nathaniel Forrester, Personal Representative of the Estate of Wilson Forrester, Leroy Solomons, Personal Representative of the Estate of Althea Solomons, and Henry Williams, Respondents, v. AMERICAN SOUTHERN INSURANCE COMPANY, The State of South Carolina Budget and Control Board, Division of General Services, Insurance Reserve Fund, and Office of the Governor of the State of South Carolina and Transportation Management Services, Inc., Appellants.

Court of Appeals of South Carolina.

Decided February 3, 1997.


Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., and Michael R. Sullivan, both of Richardson, Plowden, Howser, Carpenter & Robinson, Columbia, for appellant, American Southern Insurance Company.

Michael H. Montgomery, Michael S. Pauley and Andrea S. Canupp, all of Lide, Montgomery, Potts & Medlock, Columbia, for appellant, Transportation Management Services, Inc.

William L. Pope and Roy Laney, both of Pope & Rodgers, Columbia, for appellants, The State of South Carolina Budget and Control Board, Division of General Services, Insurance Reserve Fund, and Office of the Governor of the State of South Carolina.

John E. Parker and Clyde A. Eltzroth, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, Hampton, for respondents.


HUFF, Judge.

Plaintiffs brought this declaratory judgment action to reform an automobile liability insurance policy issued by the South Carolina Insurance Reserve Fund to require the State to provide underinsured motorist coverage. All parties moved for summary judgment. The court granted Plaintiffs' motion and reformed the insurance policy to include underinsured motorist coverage. All defendants appeal. We reverse.

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