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STATE FARM MUT. AUTO. INS. v. CALCUTT

No. 3159.

340 S.C. 231 (2000)

530 S.E.2d 896

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Mayo Rudy CALCUTT, Respondent.

Court of Appeals of South Carolina.

Decided May 1, 2000.

Attorney(s) appearing for the Case

C. Mitchell Brown and William C. Wood, Jr., both of Nelson, Mullins, Riley & Scarborough, of Columbia, for appellant.

David E. Massey, of Fedor, Massey, Whitlark & Ballou, of Columbia, for respondent.

CONNOR, Judge:

This appeal arises from a declaratory judgment action to construe the provisions of an automobile insurance policy. At issue is whether State Farm, Mayo Rudy Calcutt's underinsurance carrier, may offset workers' compensation benefits Calcutt may receive. The trial judge held the policy clause providing for a setoff of workers' compensation benefits conflicted with applicable underinsured motorist coverage statutes and violated public policy. We reverse...

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