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STATE FARM FIRE & CAS. CO. v. AYTES

No. 24827.

332 S.C. 30 (1998)

503 S.E.2d 744

STATE FARM FIRE & CASUALTY CO., Plaintiff, v. Randy AYTES and Donna Dawson, Defendants. Donna DAWSON, Third Party Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Third Party Defendant.

Supreme Court of South Carolina.

Decided July 27, 1998.

Attorney(s) appearing for the Case

Timothy A. Domin, of Clawson & Staubes, Charleston, for plaintiff State Farm Fire & Casualty Company.

Edward Paul Gibson, of Riesen Law Offices, North Charleston, for defendants Randy Aytes and Donna Dawson.

Henry E. Grimball, of Buist, Moore, Smythe & McGee, Charleston, for Third Party Defendant State Farm Mutual Automobile Insurance Company.

FINNEY, Chief Justice:

This matter is before the Court on certification from the United States District Court to answer the following questions related to uninsured motorist coverage.

1. Pursuant to the Findings of Fact of the District Court, does Randy Aytes' classification as a non-permissive user of the Dawson vehicle invoke the Uninsured Motorist Coverage of Donna Dawson's State Farm Mutual Auto policy so as to allow Ms. Dawson to sue Aytes as an uninsured...

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