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Molair v. State Farm Mut. Auto. Ins. Co.

Supreme Court of South Carolina
Nov 11, 1959
111 S.E.2d 518 (S.C. 1959)

Opinion

17584

November 11, 1959.

Messrs. Henderson, Salley Cushman, of Aiken, for Appellant. Messrs. Blatt Fales, of Barnwell, for Respondent, cite: As to Trial Judge properly holding that the plaintiff had not received other automobile medical payment insurance within the meaning of the language of the defendant's policy: 222 S.C. 133, 72 S.E.2d 174; 11 Ill. App.2d 551, 137 N.E.2d 879.


The Order of Judge McFaddin follows:

This action was transmitted to me upon stipulation of facts and involves the interpretation of policy insurance contract of the defendant company. The company defends upon the ground that the medical payments under Coverage C of another insurance policy, namely, Southern Farm Bureau Casualty Company, terminates their duty to pay any amount hereunder.

Plaintiff's intestate was killed while riding in a 1952 Studebaker automobile, the said automobile was covered by insurance policy written by Southern Farm Bureau Casualty Insurance Company and a policy of insurance by the State Farm Mutual Automobile Insurance Company, the defendant herein. Payment in the amount of $1,000.00 has been made by the Southern Farm Bureau Casualty Insurance Company. It is this payment that the defendant company here contends relieves them of any liability under their policy.

The pertinent provisions of the Southern Farm Bureau Casualty Company's policy are as follows:

"II. Medical payment — coverage C. To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical and dental services, including prosthetic devices, and necessary ambulance, hospital, professional services to or for:

"Division 1 (a) the named insured, and, while residents of the same household, his spouse and any relative of either, who sustains bodily injury, caused by accident, while in or upon, entering or alighting from, or through being struck by any automobile.

"Coverage C.

"Divisions 1(a) and 2. The limit of liability for medical payments stated in the declarations as applicable to `each person' is the limit of the Company's liability for all expenses incurred by or on behalf of each person, including each insured who sustains bodily injury, as the result of any other accident. In the event of death, the company will pay not less than $1,000.00 for medical and funeral expenses."

The pertinent provisions of the policy of the State Farm Mutual Automobile Insurance Company are as follows:

"I. Coverages — Coverage C — Medical Payments.

"To pay reasonable expenses incurred within one year from the date of the accident for necessary medical, surgical, dental, ambulance, hospital, professional nursing and funeral services, and prosthetic devices, to or for each person who sustains bodily injury, caused by accident, while in or upon, entering into or alighting from, or through being struck by the automobile, provided the automobile is being used by the named insured or his spouse as a resident of the same household, or with the permission of either.

"Limit of Liability. Unless specifically amended in the declarations, the company's limit of liability shall not exceed $500.00 for all expenses incurred for each person who sustains bodily injury in any one accident.

"8. Other insurance. If the insured has other insurance against liability or loss covered by this policy, the company under all coverages except Coverage C, shall not be liable for a greater proportion of such liability or loss than the applicable limit of liability bears to the total applicable limit of liability of all collectible insurance against such liability or loss, subject to the following:

"(a) The Insurance with respect to Insuring Agreements III(a) (2) and (3) and IV shall be excess or other collectible insurance applicable thereto in whole or in part.

"Under coverage C with respect to bodily injury to any person while in or upon, entering into or alighting from, or through being struck by a described or newly acquired automobile, the amount payable shall not be reduced on account of the existence of other insurance. In all other cases the insurance under coverage C shall be excess over any other collectible automobile payments insurance available to the insured person."

From the above it will be noted that under paragraph VII this language:

"8. Other insurance. If the insured has other insurance against liability or loss covered by this policy, the company under all coverage except coverage C (emphasis added), shall not be liable for a greater proportion of such liability or loss than the applicable limit of all collectible insurance against such liability or loss, subject to the following:

"(a) The insurance with respect to Insuring Agreement III(a) (4) shall not apply to any liability or loss against which the insured has other collectible insurance applicable thereto in whole or in part.

"(b) The insurance with respect to Insuring Agreements III(a) (2) and (3) and IV shall be excess over other collectible insurance, but neither coverage F, G or H shall apply to any loss under Insuring Agreement IV when there is other collectible insurance applicable thereto in whole or in part."

Then the last paragraph takes care of coverage C which was excepted and read as follows:

"Under coverage C with respect to bodily injury to any person while in or upon, entering into or alighting from, or through being struck by a described or newly acquired automobile, the amount payable shall not be reduced on account of the existence of other insurance. In all other cases the insurance under coverage C shall be excess over any other collectible automobile medical payments insurance available to the injured person."

It is clearly seen, therefore, that the plea of other insurance under this provision does not avail the defendant. It is a well recognized principle of law that insurance policies must be strictly construed as against the company. This particular provision was recently re-affirmed in the case of Pitts v. Glens Falls Indemnity Co., 222 S.C. 133, 72 S.E.2d 174. It is, therefore,

Ordered, adjudged and decreed that the plaintiff have judgment against the defendant for the sum of $500.00 and the costs of this action.

November 11, 1959.


The Order of Honorable James Hugh McFaddin has been carefully considered in the light of the record and the exceptions, and we find no error therein.


Summaries of

Molair v. State Farm Mut. Auto. Ins. Co.

Supreme Court of South Carolina
Nov 11, 1959
111 S.E.2d 518 (S.C. 1959)
Case details for

Molair v. State Farm Mut. Auto. Ins. Co.

Case Details

Full title:Helen W. MOLAIR, as Administratrix of the Estate of W.L. Molair…

Court:Supreme Court of South Carolina

Date published: Nov 11, 1959

Citations

111 S.E.2d 518 (S.C. 1959)
111 S.E.2d 518

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