Unisun Insurance v. First Southern Insurance

Toal, Justice:

We granted certiorari to review the Court of Appeals’ opinion in Unisun Insurance Co. v. First Southern Insurance Co., 314 S.C. 54, 443 S.E. (2d) 808 (Ct. App. 1994). We affirm as modified herein.

FACTS

In Spring 1986, Peters was involved in an accident with the Subaru that is the subject of this action. Peters was at fault in the accident, and the other driver involved brought a negligence action in state court in Florida. That lawsuit, settled with Unisun, Peters’ insurer, and First Southern, Subaru Center’s insurer, each paying half the settlement.

Unisun then filed this…