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FARM BUREAU MUT. INS. CO. v. KENNEDY

No. 4738.

390 S.C. 125 (2010)

700 S.E.2d 258

SOUTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. Henry KENNEDY, Respondent.

Court of Appeals of South Carolina.

Decided September 15, 2010.

Rehearing Denied October 28, 2010.

Attorney(s) appearing for the Case

Karl S. Brehmer and L. Darby Plexico, III , of Columbia, for Appellant.

Eric H. Philpot , of Greenville, for Respondent.

SHORT, J.

South Carolina Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the trial court's order finding Henry Kennedy was entitled to underinsured motorist (UIM) coverage, arguing the court erred in finding Kennedy was occupying the manure truck when he was hit by the pickup truck because he was not "upon" the insured vehicle at the time of the accident. We reverse.

FACTS

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