SHUMPERT v. TIME INS. CO.

No. 2782.

329 S.C. 605 (1998)

496 S.E.2d 653

Richard SHUMPERT and Lois Shumpert, Appellants, v. TIME INSURANCE COMPANY, Respondent.

Court of Appeals of South Carolina.

Decided January 12, 1998.

Rehearing Denied March 19, 1998.


Attorney(s) appearing for the Case

Mitchell J. Williams and Robert F. McMahan, Jr., both of Harris & Graves, Columbia, for Appellants.

William R. Calhoun, Jr., and William O. Sweeny, III, both of Sweeny, Wingate, Murphy & Barrow, Columbia, for Respondent.


ANDERSON, Judge:

This appeal concerns a claim for subrogation by a health insurance provider against an insured's recovery from a third-party tortfeasor. At issue is whether the insurer is entitled to subrogation when the health insurance policy does not contain a subrogation clause as provided by S.C.Code Ann. § 38-71-190 (Supp.1996). The circuit court held a health insurer may still recover under the theory of equitable subrogation in the absence of an express...

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