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PUSTAVER v. GOODEN

No. 3529.

350 S.C. 409 (2002)

566 S.E.2d 199

Theressa A. PUSTAVER, Respondent, v. Darrell J. GOODEN, Appellant.

Court of Appeals of South Carolina.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Elford H. Morgan and Stanley T. Case, both of Butler, Means, Evins & Browne, of Spartanburg, for appellant.

Johnny F. Driggers, of North Charleston, for respondent.

HOWARD, Judge:

Theressa Pustaver obtained a judgment against Darrell Gooden arising from injuries sustained in an automobile accident. This judgment exceeded Gooden's liability insurance coverage limits, and Gooden attempted to claim a set-off in the amount of Pustaver's underinsured motorist ("UIM") benefits. The trial court determined the UIM coverage was subject to the collateral source rule and, therefore, Gooden was not entitled to a set-off. Gooden appeals....

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