PEAGLER v. USAA INS. CO.

No. 26128.

368 S.C. 153 (2006)

628 S.E.2d 475

David PEAGLER, as personal representative of the Estate of Kathy Marie Thompson, Plaintiff-Appellee, v. USAA INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of South Carolina.

Decided March 20, 2006.


Attorney(s) appearing for the Case

William O. Sweeny, III, and William R. Calhoun, Jr., both of Sweeny, Wingate & Barrow, P.A., of Columbia, for Defendant-Appellant.

J. Calhoun Land, IV, of Land, Parker & Welch, P.A., of Manning, for Plaintiff-Appellee.

Timothy A. Domin and Michael B. McCall, II, both of Clawson & Staubes, LLC, of Charleston, for State Farm Insurance Companies, Amicus Curiae.


CERTIFIED QUESTION ANSWERED

Justice BURNETT.

We accepted this certified question regarding coverage for an accidental weapon discharge under an automobile insurance policy pursuant to Rule 228, SCACR.

FACTUAL AND PROCEDURAL BACKGROUND

David Peagler (Plaintiff), as personal representative of the Estate of Kathy M. Thompson (Decedent), filed a declaratory judgment action against USAA Insurance Co. (Insurer), seeking a declaration that an...

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