Brown v. Allstate Insurance

I concur with the majority’s conclusion that the trial judge erred in admitting evidence of whether Brown was criminally charged with arson. However, I respectfully disagree that the admission of this evidence was prejudicial under the facts of this case.

Because this is an action at law tried by a judge without a jury, we are bound by the factual findings of the trial judge. See Ateyeh v. Volkswagen of Florence, Inc., 288 S.C. 101, 841 S.E.2d 378 (1986) (a cause of action for breach of an insurance contract is an action for damages under the contract); Moore v. Crowley & Assocs., Inc., 254…