Bankers Ins. Co. of Pa. v. Griffin, 18252

• Citation: 137 S.E.2d 785,244 S.C. 552
• Decision Date: 10 August 1964
• Docket Number: No. 18252,18252
• Court: United States State Supreme Court of South Carolina
• Parties: BANKERS INSURANCE COMPANY OF PENNSYLVANIA, Appellant, v. Merdy Voices GRIFFIN, Henry David Griffin, Claude W. Dill, Merrice S. Dill, Annie Ruth Bates, Dorothy Martin, Robert McKelvie, Mattie Lee Rouse, May Frances White, a minor over the age of fourteen years, and Henry Bates, Jr., Respondents, and Nationwide Mutual Automobile Insurance Company, Cross-Appellant.

Page 785

137 S.E.2d 785

244 S.C. 552

BANKERS INSURANCE COMPANY OF PENNSYLVANIA, Appellant, v. Merdy Voices GRIFFIN, Henry David Griffin, Claude W. Dill Merrice S. Dill, Annie Ruth Bates, Dorothy Martin, Robert McKelvie, Mattie Lee Rouse, May Frances White, a minor over the age of fourteen years, and Henry Bates, Jr., Respondents, and Nationwide Mutual Automobile Insurance Company, Cross-Appellant.

No. 18252.

Supreme Court of South Carolina.

Aug. 10, 1964.

Robert N. Daniel, Jr., Greenville, for appellant.

Leatherwood, Walker, Todd & Mann, Greenville, for cross-appellant.

Mann & Mann, Bouton & Bryson, and Charles E. Griffin, Greenville, for respondents.

TAYLOR, Chief Justice.

This action for declaratory judgment was brought by the plaintiff, Bankers Insurance Company of Pennsylvania, seeking to have the Court determine the right of the parties under the terms of contracts of insurance issued by the plaintiff, Bankers, to the defendant Merdy Voices Griffin, and by defendant Nationwide Mutual Automobile Insurance Company to the defendant Henry David Griffin.

By agreement of the parties, the matter was heard by the Honorable James H. Price, Jr., Judge of the Greenville County Court, without a jury, who, in his Order of December 16, 1963, concluded that Merdy V. Griffin was the owner of the 1960 Pontiac involved and that Bankers had not proved a material misrepresentation and, therefore, was liable under the circumstances. It was further held that Nationwide's policy afforded no coverage and, accordingly, Nationwide was relieved of any obligation with regard to the defense of any action arising out of the subject accident.

This action, tried without a jury by agreement of the parties, is one at law and the Judge's findings of fact have the force and effect of a jury verdict upon the issues, and are conclusive upon appeal when supported by competent evidence. Robinson v. Carolina Casualty Insurance Co., 232 S.C. 268, 101 S.E.2d 664; Evatt v. Campbell, 234 S.C. 1, 106 S.E.2d 447; Crook v. State Farm Mutual Auto Insurance Co., 235 S.C. 452, 112 S.E.2d 241; Garrett v. Pilot Life Insurance Company, 241 S.C. 299, 128 S.E.2d 171.

The primary issue for determination is the question of ownership of the 1960 Pontiac 2-door automobile driven by Annie Ruth Bates at the time of the accident.

Bankers relies strongly on the fact that the certificate of title issued by the State Highway Department on the 1960 Pontiac in question was in the name of Henry D. Griffin and not in the name of Merdy V. Griffin and contends that such is conclusive evidence that the 1960 Pontiac was owned by Henry.

Section 46-150.11, Code of Laws of South Carolina, 1962, provides that 'A certificate of title issued by the Department is prima facia evidence of the facts appearing on it.' The presumption of ownership evidence by the certificate of title may be overcome by evidence that the true owner of the vehicle is a person other than the one in whose name the vehicle is registered. 7 Am.Jur. (2d), Automobile Insurance, Section 20, p. 318; United States Casualty Co. v. Bain, 191 Va. 717, 62 S.E.2d 814; American Employers Insurance Co. v. Zablosky, 5 Cir., 292 F.2d 412.

During the latter part of May, 1963, Merdy Griffin wished to purchase the 1960 Pontiac in question. Merdy had previously purchased a policy of automobile liability insurance from Bankers, and Henry Griffin had purchased an automobile liability policy from Nationwide. These two policies insured certain described automobiles which were not involved in the accident. After agreeing with a salesman at the Malcolm Carter Motor Company to purchase the said automobile, Merdy Griffin completed and signed a credit application but his credit was found unacceptable. The Malcolm Carter salesman informed Merdy that his credit had been turned down and advised him it would be necessary to secure someone whose credit was acceptable to sign the note and mortgage in order to purchase the 1960 Pontiac. Merdy's brother, Henry Griffin, was contacted and his credit found acceptable. On May 31, 1963, Henry, at the request of the salesman and in order to accommodate his brother, signed the note and mortgage and such other instruments as the salesman requested. As a result the automobile was registered in Henry's name and the South Carolina State Highway Department issued a certificate of title in his name. The trial Judge found that neither Merdy nor Henry realized the vehicle would be registered in Henry's name as they apparently were of the impression that Henry would merely act as a cosigner or endorser on the note and mortgage.

On June 1, 1963, Merdy went to the office of the Boyce E. Smith Agency through whom he had previously obtained an automobile...