Legal Opinion · Concurring in part, dissenting in part

Rosen v. University of South Carolina

Court of Appeals of South Carolina

Decided June 27, 2011No. 2011-UP-331Published

1Concurring in part, dissenting in partPieper, J.

I agree with the majority decision to reverse and remand as to the parking issue. However, I respectfully dissent as to the beneficiary issue and would affirm the trial court’s determination that the contracts are unambiguous as to this issue and do not allow a change of beneficiary.

In regard to the beneficiary provisions, the contracts provided only as follows: “Upon the death of [], this Lifetime Silver Spur membership will be transferred to [] for his lifetime only.” As noted in the majority opinion, the contracts do not expressly permit or prohibit a change in beneficiaries. However,…

2Cases cited3 opinions

  1. Jordan v. Security Group, Inc.Supreme Court of South Carolina · 1993
  2. Abu-Shawareb v. South Carolina State UniversityCourt of Appeals of South Carolina · 2005
  3. McNair v. UNITED ENERGY DISTRIBUTORSCourt of Appeals of South Carolina · 2010

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