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COTHRAN v. STATE FARM MUT. AUTO. INS.

Opinion No. 27914.

427 S.C. 545 (2019)

831 S.E.2d 919

Wadette COTHRAN and Chris Cothran, Petitioners, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Robert Tucker, Defendants, of which State Farm Mutual Automobile Insurance Company is the Respondent.

Supreme Court of South Carolina.

Filed August 7, 2019.

Attorney(s) appearing for the Case

Charles Logan Rollins II , Hawkins Law Firm, of Spartanburg, for Petitioners.

Robert William Whelan , Charles R. Norris , of Charleston, and C. Mitchell Brown , of Columbia, all of Nelson Mullins Riley & Scarborough, LLP, for Respondent.

BEATTY, C.J., KITTREDGE, HEARN and JAMES, JJ., concur.

Section 38-77-144 of the South Carolina Code (2015) provides that no-fault personal injury protection (PIP) insurance coverage "is not subject to a setoff." This appeal requires us to consider whether section 38-77-144 prohibits an automobile insurance carrier from reducing its obligation to pay PIP benefits to its insured by the amount...

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