Legal Opinion

Zurich American Insurance v. Tolbert

Supreme Court of South Carolina

Decided April 12, 2010No. 26798PublishedCited by 4 opinions

1Opinion of the CourtJustice Pleicones

We granted certiorari to consider a Court of Appeals decision reversing a circuit court order which granted petitioner (Zurich) summary judgment in this declaratory judgment action to determine respondents’ entitlement to Underinsured Motorist (UIM) coverage. Zurich Am. Ins. Co. v. Tolbert, 378 S.C. 493, 662 S.E.2d 606 (Ct.App.2008). We affirm.

*282 FACTS

Respondent Tony Tolbert (Tolbert) owned a Honda Accord, and leased a BMW through his employer. He rejected UIM coverage on the Honda, but the BMW was insured by BMW of North America, LLC through Zurich, under a policy which had UIM coverage.…

2Cases cited4 opinions

  1. Hancock v. Mid-South Management Co., Inc.Supreme Court of South Carolina · 2009
  2. Iowa Mutual Insurance Company v. AddySupreme Court of Colorado · 1955
  3. State Farm Mutual Automobile Insurance v. O'BrienCalifornia Supreme Court · 1975
  4. Zurich American Insurance v. TolbertCourt of Appeals of South Carolina · 2008

3Cited by4 opinions

  1. Murr v. Nationwide Mutual InsuranceCourt of Appeals of South Carolina · 2010
  2. Azar v. City of ColumbiaSupreme Court of South Carolina · 2015
  3. Palmetto Wildlife Extractors, LLC v. LudyCourt of Appeals of South Carolina · 2022
  4. Zurich American Insurance v. TolbertSupreme Court of South Carolina · 2010

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