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EDGE v. STATE FARM INS. CO.

No. 25290.

345 S.C. 136 (2001)

546 S.E.2d 647

Patricia L. EDGE and others similarly situated, Plaintiffs, v. STATE FARM INSURANCE COMPANY, and Horace Mann Insurance Company, Defendants.

Supreme Court of South Carolina.

Decided May 14, 2001.

Attorney(s) appearing for the Case

A. Camden Lewis, of Lewis, Babcock & Hawkins, L.L.P.; Richard A. Harpootlian, and Robert G. Rikard, of the Law offices of Richard A. Harpootlian, P.A.; and Michael Sullivan, of Michael Sullivan, P.A., Columbia, for plaintiffs.

James C. Gray, Jr., B. Rush Smith, III, William C. Wood, Jr., and Thad H. Westbrook, of Nelson Mullins Riley & Scarborough, L.L.P., Columbia, for defendant State Farm Insurance Company.

Thomas C. Salane, of Turner, Padget, Graham & Laney, P.A., Columbia, for defendant Horace Mann Insurance Company.

TOAL, Chief Justice:

We agreed to answer the following question certified by the United States District Court for the District of South Carolina:

Must a person, who claims her insurer assessed unauthorized surcharge points, exhaust the administrative remedies available under S.C. Reg. 69-13.1(IV) and S.C.Code Ann. § 38-3-210 before filing a civil action?

FACTS

In 1996, plaintiff Patricia Edge was involved in a two car accident with...

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