Graham v. State Farm Mutual Automobile Insurance

Waller, Justice:

On appeal is an order of the circuit court dismissing, pursuant to Rule 12(b)(6), SCRCP, this declaratory judgment action in which Appellant, Cindy Graham (Graham) sought to have her automobile liability insurance policy reformed to include underinsured motorist (UIM) coverage. We reverse.

FACTS

Graham was involved in an automobile accident while driving a vehicle insured by State Farm. She filed a lawsuit against the adverse driver and served copies of the pleadings on State Farm. The adverse driver’s liability carrier tendered the policy limits to Graham, who accepted the…