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UNISUN INS. CO. v. SCHMIDT

No. 25084.

339 S.C. 362 (2000)

529 S.E.2d 280

UNISUN INSURANCE COMPANY, Plaintiff, v. Deborah SCHMIDT, as Parent and Natural Guardian of Christopher Schmidt, a Minor, and Voncile Stoner, as Guardian ad Litem of Jennifer Hurst, a Minor, State Farm Mutual Insurance Company, and Government Employees Insurance Company, Defendants, of Whom Voncile Stoner, as Guardian ad Litem of Jennifer Hurst, a Minor, is Petitioner, of Whom State Farm Mutual Insurance Company, is Respondent.

Supreme Court of South Carolina.

Decided March 13, 2000.

Attorney(s) appearing for the Case

Paul D. Schwartz and Dan M. David, of David & Schwartz, P.A., of Charleston, for petitioner.

Henry E. Grimball, of Buist, Moore, Smyth & McGee, P.A., of Charleston, for respondent.

BURNETT, Justice:

This case presents a novel set of facts requiring us to interpret the definitions of "insured" and "uninsured motor vehicle" in South Carolina's motor vehicle insurance statute. S.C.Code Ann. § 38-77-30 (Supp.1998). The Court of Appeals held petitioner was not an "insured" under the statute. We reverse.

FACTS

The parties stipulated to the following facts:

January O'Neale's father gave her a BMW with strict instructions...

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