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PROGRESSIVE DIRECT INSURANCE CO. v. GROVES

Opinion No. 28115.

438 S.C. 26 (2022)

882 S.E.2d 464

PROGRESSIVE DIRECT INSURANCE CO., and USAA General Indemnity Company, Petitioners, v. Shanna GROVES as the Personal Representative of the Estate of Lynn Harrison, Respondent.

Supreme Court of South Carolina.

Filed September 21, 2022.

Rehearing Denied January 12, 2023.

Attorney(s) appearing for the Case

John Robert Murphy and Wesley Brian Sawyer , both of Murphy & Grantland, PA, of Columbia, for Petitioners Progressive Direct Insurance Co. and USAA General Indemnity Company.

John Phillips Linton, Jr. , of Walker Gressette Freeman & Linton, of Charleston, and Ryan Harris Sigal , of Miller, Dawson, Sigal & Ward, LLC, of North Charleston, both for Respondent Shanna Groves.

In this case we determine whether uninsured or underinsured benefits may be recovered when an individual is shot and killed by another motorist as both cars are stopped at a traffic light. In deciding this question, we revisit and attempt to clarify our somewhat conflicting jurisprudence as to whether

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