WIEGAND v. U.S. AUTO. ASS'N

No. 26919.

391 S.C. 159 (2011)

705 S.E.2d 432

Deborah J. WIEGAND, individually, and as Personal Representative of the Estate of Vincent Carroll Wiegand, Respondent, v. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant.

Supreme Court of South Carolina.

Decided January 31, 2011.


Attorney(s) appearing for the Case

William O. Sweeny, III, Esquire & William R. Calhoun, Jr. , both of Sweeny Wingate & Barrow, PA, of Columbia, for Appellant.

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


Justice HEARN.

We are asked to determine whether United States Automobile Association (USAA) made a meaningful offer of underinsured motorist coverage (UIM coverage) to Vincent Wiegand (Wiegand), who was killed in a car accident after multiple years of insurance coverage from USAA. Because we believe that USAA met its burden with regards to Section 38-77-350 of the South Carolina Code (1997), we reverse.

FACTUAL BACKGROUND

Wiegand was driving home...

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