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EX PARTE UNITED SERVICES AUTO. ASS'N

No. 3977.

365 S.C. 50 (2005)

614 S.E.2d 652

EX PARTE: UNITED SERVICES AUTOMOBILE ASSOCIATION Respondent, In Re: Becky Todd Smith and Barry Smith, Appellants, v. Tracy Lee Moore and Ola A. Moore, Respondents.

Court of Appeals of South Carolina.

Decided April 18, 2005.

Rehearing Denied June 22, 2005.

Attorney(s) appearing for the Case

Steven M. Krause and Daniel L. Draisen, both of Anderson, for Appellants.

David L. Moore, Jr., of Greenville, for Respondents.

HEARN, C.J.

This appeal stems from a tort action Becky Todd Smith brought against Tracy Lee Moore pursuant to a car accident between the two parties. United Services Automobile Association (USAA), the insurance carrier for Becky Todd Smith and Barry Smith, moved to be dismissed from the case, arguing that Becky Todd Smith, who was listed as an "operator" on the declarations page but was not the named insured, could not stack underinsured motorist (UIM) coverage. The...

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