Legal Opinion · Concurrence

Canal Insurance v. National House Movers, LLC

Court of Appeals of South Carolina

Decided September 16, 2015No. Appellate Case No. 2014-000150; No. 5353Published

1ConcurrenceFew, C.J.

I agree with the majority’s decision to affirm. However, I would do so only on the narrow question of whether the policy exclusion for an “employee” excludes coverage for Jones. In my opinion, the exclusion is ambiguous as it applies to Jones, and therefore unenforceable in this case. This finding of ambiguity is sufficient for us to determine the circuit court correctly ruled the policy covers this accident.

*267Our courts construe insurance policies “according to the law of contracts.” Williams v. Gov’t Employees Ins. Co. (GEICO), 409 S.C. 586, 594, 762 S.E.2d 705, 709 (2014). Under the law of…

2Cases cited5 opinions

  1. Williams v. Government Employees InsuranceSupreme Court of South Carolina · 2014
  2. Owners Insurance v. ClaytonSupreme Court of South Carolina · 2005
  3. Greenville County v. Insurance Reserve FundSupreme Court of South Carolina · 1994
  4. Gates, Hudson & Associates, Incorporated v. The Federal Insurance CompanyCourt of Appeals for the Fourth Circuit · 1998
  5. Precision Walls, Inc. v. Liberty Mutual Fire InsuranceCourt of Appeals of South Carolina · 2014

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