Legal Opinion

Cothran v. State Farm Mut. Auto. Ins. Co.

Supreme Court of South Carolina

Decided August 7, 2019No. Appellate Case 2018-000235; Opinion 27914PublishedCited by 4 opinions

1Opinion of the Court

JUSTICE FEW :

*920 **546 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 of workers' compensation benefits the insured received for medical expenses. We hold that it does.

I. Facts and Procedural History

Wadette Cothran incurred approximately $40,000 in medical expenses from injuries she received in an automobile…

2Cases cited11 opinions

  1. Welch v. EpsteinCourt of Appeals of South Carolina · 2000
  2. Timmons v. South Carolina Tricentennial CommissionSupreme Court of South Carolina · 1970
  3. Hamrick Ex Rel. Estate of Hamrick v. State Farm Mutual Automobile InsuranceSupreme Court of South Carolina · 1978
  4. Rutland v. South Carolina Department of TransportationSupreme Court of South Carolina · 2012
  5. Nicholson v. S.C. Department of Social ServicesSupreme Court of South Carolina · 2015

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. Nyquan T. BrowenCourt of Appeals of South Carolina · 2022
  2. State v. Nyquan T. BrownSupreme Court of South Carolina · 2024
  3. State v. ReyesSupreme Court of South Carolina · 2020
  4. State v. StewartSupreme Court of South Carolina · 2021

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