Cowan v. Allstate Insurance

Justice PLEICONES:

In 1993, the Court of Appeals held that an insured’s violation of a cooperation clause in his insurance policy did not void the policy as to an innocent third party, to the extent the policy provided statutory minimum limits coverage. Shores v. Weaver, 315 S.C. 347, 433 S.E.2d 913 (Ct.App.1993) cert. denied March 18, 1994. In 1997, the legislature amended many of the automobile insurance statutes, and adopted § 38-77-142, effective March 1,1999.

We granted certiorari to consider a Court of Appeals’ decision holding that § 38-77-142(B) (2002) modified the holding in Shores.…