Nationwide Mutual Insurance v. Smith

376 S.C. 60 (2007)

654 S.E.2d 837

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant,

v.

James W. SMITH, Jr. and Elizabeth Smith, Respondents.

No. 4295.

Court of Appeals of South Carolina.

Submitted May 1, 2007.

Filed September 26, 2007.

Rehearing Denied January 16, 2008.

Certiorari Dismissed March 25, 2008.

John Robert Murphy, of Columbia, for Appellant.

Bradley Baker, of Lexington, for Respondents.

HUFF, J.

James W. Smith, Jr. and Elizabeth Smith (the Smiths) were involved in an automobile accident with an uninsured motorist. Nationwide Mutual Insurance Company (Nationwide) brought a declaratory judgment…