COWAN v. ALLSTATE INS. CO.

No. 25791.

357 S.C. 625 (2004)

594 S.E.2d 275

Kevin COWAN and Jimmy Blanding, Petitioners, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court of South Carolina.

Decided March 15, 2004.


Attorney(s) appearing for the Case

Samuel Darryl Harms, of Harms Law Firm, PA, of Greenville, for Petitioners.

Robert D. Moseley, Jr., and Paul E. Hammack, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent.

Alford Haselden, of Haselden, Owen & Boloyan, of Clover, and John S. Nichols, of Bluestein & Nichols, LLC, of Columbia, for Amicus Curiae S.C. Trial Lawyers Association.

C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia, for Amicus Curiae S.C. Defense Trial Attorney's Association.


Justice PLEICONES:

In 1993, the Court of Appeals held that an insured's violation of a cooperation clause in his insurance policy did not void the policy as to an innocent third party, to the extent the policy provided statutory minimum limits coverage. Shores v. Weaver, 315 S.C. 347, 433 S.E.2d 913 (Ct.App.1993) cert. denied March 18, 1994. In 1997, the legislature amended many of the automobile insurance statutes...

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