Beheler v. National Grange Mut. Ins. Co., 18910

• Decision Date: 30 April 1969
• Docket Number: No. 18910,18910
• Citation: 252 S.C. 530,167 S.E.2d 436
• Court: South Carolina Supreme Court
• Parties: Anna Ruth BEHELER, Respondent, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant. Venetia Ann BEHELER, a minor over the age of fourteen, by her Guardian and Litem, Lenell J. Beheler, Respondent, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant.

Page 436

167 S.E.2d 436

252 S.C. 530

Anna Ruth BEHELER, Respondent, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant.

Venetia Ann BEHELER, a minor over the age of fourteen, by

her Guardian and Litem, Lenell J. Beheler, Respondent, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant.

No. 18910.

Supreme Court of South Carolina.

April 30, 1969.

Louis P. Howell, of Ward, Howell & Barnes, Spartanburg, for appellant.

Paul M. Moore, Spartanburg, Donald L. Ferguson, Greenville, for respondents.

MOSS, Chief Justice.

These two actions, one by Anna Ruth Beheler, and the other by Venetia Ann Beheler, by her Guardian ad litem, the respondents herein, were instituted against National Grange Mutual Insurance Company, the appellant herein, to enforce payment of certain judgments previously secured by them against one Joseph Eugene Brown, in personal injury actions.

It appears that on February 27, 1965, that Joseph Eugene Brown, while operating a 1956 Mercury automobile, the title thereto being registered with the South Carolina Highway Department in the name of Robert Floyd Brown, ran into the rear of an automobile in which the respondents were riding as passengers, causing bodily injury to said respondents. Thereafter, the respondents filed suit against Joseph Eugene Brown for the bodily injuries sustained and such resulted in a verdict and judgment in favor of Anna Ruth Beheler in the sum of $15,000.00, and a verdict and judgment in favor of Venetia Ann Beheler in the sum of $10,000.00.

At the time of the collision which resulted in injuries to the respondents, there was in force and effect an automobile liability insurance policy issued by the appellant to Shirley B. Flint, sister of Joseph Eugene Brown, and covering her 1956 Chevrolet automobile. In the said policy the appellant agreed to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile. The persons insured under said policy with respect to an owned automobile were the named insured and any resident of the same household, and with respect to a non-owned automobile, the named insured and any relative but only with respect to a private passenger automobile, provided that the actual operation of the non-owned automobile was with the permission of the owner. The policy defines a 'non-owned automobile' as one not owned by or furnished for the regular use of either the named insured or any relative.

It is admitted that at the time of the injuries to the respondents that Joseph Eugene Brown resided in the same household with his sister, Shirley B. Flint, at 161 Seay Street, in the City of Spartanburg. It follows that Joseph Eugene Brown was an insured under the policy issued by the appellant to Shirley B. Flint.

It is the contention of the appellant that there was an agreement between Robert Floyd Brown and Joseph Eugene Brown concerning the ownership of the 1956 Mercury automobile and such created a partial equitable ownership of such automobile in Joseph Eugene Brown and, therefore, such Mercury automobile was not a 'non-owned' automobile as defined in the liability policy of the insured, and as a result such did not provide coverage to Joseph Eugene Brown while operating such automobile. The appellant further contends that the 1956 Mercury automobile was furnished for the regular use of Joseph Eugene Brown and for this reason such was not a 'non-owned' automobile as defined in appellant's liability insurance policy.

This case came on for trial before The Honorable Wade S. Weatherford, Presiding Judge, and a jury. After all the testimony had been taken, by agreement of the attorneys for the parties, the case was withdrawn from the jury and submitted to the court for determination of all issues in the case. The court, by order dated August 10, 1968, resolved all issues in favor of the respondents. This appeal followed.

Robert Floyd Brown, who resided on Edgewood Avenue which was across town from Seay Street where Joseph Eugene Brown resided, purchased the 1956 Mercury automobile from Pierce Motor Company of Spartanburg, South Carolina, in June, 1964 and the title to said automobile was registered in his name. He admitted on direct examination that on February 27, 1965, he owned the automobile in question. At the time of...