From Casetext: Smarter Legal Research

South Carolina Insurance Co. v. Estrada

Supreme Court of South Carolina
Feb 9, 1982
287 S.E.2d 475 (S.C. 1982)

Opinion

21639

February 9, 1982.

George H. O'Kelley, of O'Kelley, Fordham Reid, Beaufort, for appellant.

John U. Bell, III, of Nelson, Mullins, Grier Scarborough, Columbia, for respondent.

Robert C. Elliott, of Hyatt Elliott, Columbia, for respondent-appellant.


February 9, 1982.


This is an action involving an uninsured motorist. Both SCIC (South Carolina Insurance Company) and Estrada appealed. We affirm and dismiss.

Estrada was injured in an accident while driving a car owned by Patricia Sullivan. Estrada obtained judgment for $60,000.00 against the uninsured driver of the other vehicle. Estrada then notified his insurer, SCIC, and State Farm, insurer of Sullivan's automobile, of his intent to "stack" the uninsured motorist coverage of both policies.

Initially SCIC sought summary judgment declaring State Farm to be Estrada's primary insurer. State Farm asserted it owed no coverage, contending Estrada was not a permissive user of the Sullivan vehicle. Estrada answered alleging numerous claims, including an allegation that SCIC acted in bad faith by refusing to settle or pay his claims earlier.

Subsequent to the filing of this appeal, in a separate trial, it was determined Estrada did not have permission to use Sullivan's vehicle, thus relieving State Farm of any liability under Sullivan's uninsured motorist coverage. SCIC and Estrada conceded at oral argument that this determination renders all issues concerning State Farm's liability moot.

This leaves for consideration only those exceptions raised by Estrada.

These exceptions are improper under Supreme Court Rule 4, § 6 for failing to contain a complete assignment of error. The appeal is dismissed. Diamond v. Powell, 271 S.C. 183, 246 S.E.2d 233 (1978); Williams v. Regula, 266 S.C. 228, 222 S.E.2d 7 (1976).

Dismissed.

LEWIS, C.J., and LITTLEJOHN, GREGORY and HARWELL, JJ., concur.


Summaries of

South Carolina Insurance Co. v. Estrada

Supreme Court of South Carolina
Feb 9, 1982
287 S.E.2d 475 (S.C. 1982)
Case details for

South Carolina Insurance Co. v. Estrada

Case Details

Full title:SOUTH CAROLINA INSURANCE COMPANY, Appellant, v. George F. ESTRADA…

Court:Supreme Court of South Carolina

Date published: Feb 9, 1982

Citations

287 S.E.2d 475 (S.C. 1982)
287 S.E.2d 475

Citing Cases

Howell v. Dept. of Social Services

Each of appellant's exceptions is in violation of Supreme Court Rule 4, Section 6, which requires an…

Germain v. Nichol

Three of appellant's four exceptions violate Supreme Court Rule 4, § 6 because they do not contain a complete…