Chapman v. Allstate Ins. Co.

• Decision Date: 10 February 1975
• Docket Number: No. 19957,19957
• Citation: 211 S.E.2d 876,263 S.C. 565
• Court: South Carolina Supreme Court
• Parties: Patsy CHAPMAN, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Page 876

211 S.E.2d 876

263 S.C. 565

Patsy CHAPMAN, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

No. 19957.

Supreme Court of South Carolina.

Feb. 10, 1975.

Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant.

Chapman & Lowery, Anderson, and Joseph W. Board, Pickens, for respondent.

PER CURIAM:

Patsy Chapman, the respondent herein, on May 1, 1970, was riding as a passenger in an automobile operated by one Earl McCoy, he being at the time, an uninsured motorist. She alleged that she sustained personal injuries caused by accident and arising out of the ownership, maintenance and use of the uninsured automobile. Earl McCoy died subsequent to the accident from a totally unrelated cause, and a default judgment was entered against his estate and in favor of the respondent.

The present action was instituted by the respondent against Allstate Insurance Company, the appellant herein, to recover the amount of the default judgment obtained against the estate of Earl McCoy, under the uninsured motorist endorsement of a policy of automobile liability insurance issued to her father, she being, at the time, a member of his household. The appellant denies that the respondent was injured as the result of an accident arising out of the use of an uninsured motor vehicle or that its policy afforded coverage to her.

This action is one at law and was, by agreement of the parties, tried before the Honorable Clarence E. Singletary, presiding judge, without a jury, on a stipulation of facts. We have held that where a law case is tried by a judge without a jury, his 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. Beheler v. National Grange Mut. Ins. Co., 252 S.C. 530, 167 S.E.2d 436. We have carefully examined the stipulation and conclude that the trial judge has reached a conclusion of which the facts are susceptible. We are bound by his finding of fact.

We are convinced that the order of the trial judge, as reported herewith, correctly disposes of the issues raised by the appellant. The exceptions of the appellant are overruled and the judgment below is,

Affirmed.

ORDER OF JUDGE SINGLETARY

This action arises out of an incident which occurred in May of 1970. It was instituted by the Plaintiff in an effort to recover from the Defendant the amount of a default judgment obtained against the estate of Earl McCoy, an uninsured motorist. It is before this Court on an agreed statement of fact and was argued orally on March 4, 1974.

The Plaintiff brought an action against the estate of Earl McCoy, Mr. McCoy having died subsequent to this incident from totally unrelated causes, and a default judgment was entered against his estate. This action was then instituted against Allstate Insurance Company to recover the amount of the default judgment obtained against the estate of Earl McCoy, under the uninsured motorist endorsement to a policy of automobile liability insurance issued to Plaintiff's father.

According to the facts submitted to this Court, on the afternoon of May 1, 1970 the Plaintiff was in an establishment known as the Rock Quarry when she was invited by one Earl McCoy to accompany him and another young lady to Liberty, South Carolina. The Plaintiff accepted the invitation and rode with Earl McCoy and this unidentified young lady to Liberty where the young lady departed. The Plaintiff was then invited by Mr. McCoy to accompany him to Easley, South Carolina where he was to pick up his pay check. After accomplishing this task, the Plaintiff and Mr. McCoy went to an establishment in Easley called the Spot where Mr. McCoy consumed several beers. The Plaintiff and Mr. McCoy then left the Spot and went to the Party Shop where Mr. McCoy consumed several more beers. The Plaintiff then left the Party Shop with Mr. McCoy, apparently planning to return home. Mr. McCoy drove instead to a wooded area and attempted to molest the Plaintiff. When the Plaintiff refused his advances, Mr. McCoy became angry and chased the Plaintiff from the car and into the woods. For reasons not explained to the Court Mr. McCoy gave up the chase and returned to his car. The Plaintiff began walking up the...