Legal Opinion
Cobb v. Benjamin
Court of Appeals of South Carolina
Decided January 27, 1997No. 2626PublishedCited by 35 opinions
1Opinion of the Court
HOWARD, Judge:
In this declaratory judgment action, we are asked to determine whether or not S.C.Code Ann. § 38-77-160 (Supp.1995) requires the payment of liability limits under a tortfeasor’s automobile insurance policy before underinsured motorist (UIM) coverage is recoverable by an injured party. The trial court held the UIM carrier is entitled to a credit for any amount of liability insurance coverage not exhausted in a settlement, but § 38-77-160 does not condition UIM coverage on the payment of all liability coverage. We agree and affirm.
Janice Lee Cobb was injured in an automobile…
2Cases cited34 opinions
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Longworth v. Van HoutenNew Jersey Superior Court Appellate Division · 1988
- Hamilton v. Farmers Insurance Co.Washington Supreme Court · 1987
- C.A.N. Enterprises, Inc. v. South Carolina Health & Human Services Finance CommissionSupreme Court of South Carolina · 1988
- Vega v. Farmers InsuranceOregon Supreme Court · 1996
29 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Williams v. Government Employees InsuranceSupreme Court of South Carolina · 2014
- Hill v. American Family Mutual InsuranceIdaho Supreme Court · 2011
- Floyd v. Nationwide Mutual InsuranceSupreme Court of South Carolina · 2005
- Horace Mann Insurance Co. v. AdkinsWest Virginia Supreme Court · 2004
- State Farm Mut. Auto. Ins. Co. v. ScottCourt of Civil Appeals of Alabama · 1997
30 more not listed; retrieve them via the Exa API.