Legal Opinion

Burgess v. Nationwide Mutual Insurance

Supreme Court of South Carolina

Decided April 9, 2007No. 26304PublishedCited by 18 opinions

1Opinion of the CourtJustice Pleicones

We granted certiorari to consider this Court of Appeals decision finding invalid an automobile insurance policy purporting to limit the portability of underinsured motorist (UIM) coverage. Burgess v. Nationwide Mut. Ins. Co., 361 S.C. 196, 603 S.E.2d 861 (Ct.App.2004). We reverse.

FACTS

Burgess was injured in a motor vehicle accident while operating his motorcycle, which was insured by Alpha Property and Casualty Insurance Company. Burgess’s damages exceeded the at-fault driver’s coverage, and Burgess had no UIM coverage on the motorcycle. He did, however, own three other vehicles insured by…

2Cases cited4 opinions

  1. Hogan v. Home Insurance Co.Supreme Court of South Carolina · 1973
  2. State Farm Mutual Automobile Insurance v. CalcuttCourt of Appeals of South Carolina · 2000
  3. Giles v. WhitakerSupreme Court of South Carolina · 1989
  4. Burgess v. Nationwide Mutual InsuranceCourt of Appeals of South Carolina · 2004

3Cited by18 opinions

  1. Nationwide Mutual Insurance v. RhodenSupreme Court of South Carolina · 2012
  2. Nakatsu v. Encompass Indemnity Co.Court of Appeals of South Carolina · 2010
  3. Carter v. Standard Fire InsuranceSupreme Court of South Carolina · 2013
  4. Zurich American Insurance v. TolbertCourt of Appeals of South Carolina · 2008
  5. Carson v. USAA Casualty InsCourt of Appeals for the Fifth Circuit · 2024

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