McCracken v. Government Employees Insurance

Littlejohn, Chief Justice:

This case is pending for determination in the United States District Court. Pursuant to Rule 46 of the Supreme Court of South Carolina, we agreed to rule upon a question certified by that Court to us as follows:

Under South Carolina law, can an innocent spouse recover his or her share under an insurance policy issued jointly to husband and wife, which insured property owned by them as joint tenants, where the loss by fire resulted from the intentional burning of the property by the other spouse?

Plaintiffs-appellants, Charles and Carol McCracken, sued Government…