Unisun Insurance v. Schmidt

BURNETT, Justice:

This case presents a novel set of facts requiring us to interpret the definitions of “insured” and “uninsured motor vehicle” in South Carolina’s motor vehicle insurance statute. S.C.Code Ann. § 38-77-30 (Supp.1998). The Court of Appeals held petitioner was not an “insured” under the statute. We reverse.

FACTS

The parties stipulated to the following facts:

January O’Neale’s father gave her a BMW with strict instructions not to let anyone else drive the car. On the night of November 27, 1992, Miss O’Neale and her friend Jennifer Hurst went to a party at Christopher Schmidt’s house.