BOVAIN v. CANAL INSURANCE

No. 26664.

383 S.C. 100 (2009)

678 S.E.2d 422

Raymond BOVAIN, Jr., as Personal Representative of the Estate of Willor Dean Bovain, Appellant, v. CANAL INSURANCE, Roy R. Greene d/b/a Rusty Greene Tree Service, and John R. Frazier, Inc., Defendants, Of Whom Canal Insurance is the Respondent.

Supreme Court of South Carolina.

Decided June 8, 2009.

Rehearing Denied July 9, 2009.


Attorney(s) appearing for the Case

Carl B. Grant, of Orangeburg; and Richard A. Harpootlian and Graham L. Newman, both of Columbia, for Appellant.

Brian Dumas, of Peake Fowler & Associates, of Columbia, and Robert D. Moseley, Jr., of Smith, Moore, Leatherwood, of Greenville, for Respondent.


Justice BEATTY:

Raymond Bovain, Jr. brought this declaratory judgment action as the Personal Representative of the Estate of Willor Dean Bovain, his late wife, after she died in a collision with a logging truck that was insured by Canal Insurance. Bovain asserted the truck driver was a "motor carrier" and sought reformation of the insurance policy to increase its limit of coverage to $750,000 pursuant to 23A S.C.Code Ann. Regs. 38-414 (Supp.2008) (requiring heightened...

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