Hogan v. Home Ins. Co., 19572

• Court: United States State Supreme Court of South Carolina
• Citation: 260 S.C. 157,194 S.E.2d 890
• Decision Date: 26 February 1973
• Docket Number: No. 19572,19572
• Parties: Marvin E. HOGAN, Administrator of the Estate of Roger E. Hogan, Respondent, v. HOME INSURANCE COMPANY, Appellant.

Page 890

194 S.E.2d 890 260 S.C. 157 Marvin E. HOGAN, Administrator of the Estate of Roger E.
Hogan, Respondent,
v.
HOME INSURANCE COMPANY, Appellant. No. 19572. Supreme Court of South Carolina. Feb. 26, 1973.

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

[260 S.C. 158] Chapman & Lowery, Anderson, for respondent.

LEWIS, Justice.

We held in Willis v. Fidelity & Casualty Co. of N.Y., 253 S.C. 91, 169 S.E.2d 282, that a provision in an automobile liability policy excluding liability coverage to an insured while driving an automobile which is not described in the policy, but which is owned by the named insured or a member of the same household, was a valid policy provision and did not conflict with the requirements of the South Carolina Motor Vehicle Safety Responsibility Act (Sections 46--750.31(2) and 46--750.32, Cumulative Supplement [260 S.C. 159] to 1962 Code of Laws). Our decision was based upon the provisions of the Act relating to Liability insurance, which required the prescribed coverage Only as to liability arising from the ownership, maintenance or use of the vehicles described in the policy.

The question now presented in this case is whether an exclusionary clause, such as was involved in Willis, may be made applicable to the uninsured motorist provisions of an automobile liability insurance policy, so as to legally exclude uninsured motorist coverage to an insured while occupying an uninsured automobile owned by the named insured or a member of the same household.

Appellant, Home Insurance Company, issued a policy of automobile liability insurance to Lila S. Hogan, as the named insured, with an uninsured motorist endorsement. The vehicle described in the policy was a 1962 Ford automobile. Roger E.

Page 891

Hogan, a son, and Steve Meroney, a nephew, of Lila S. Hogan, both 18 years of age, resided in the household with Mrs. Hogan, the named insured.

On August 1, 1967 Roger E. Hogan was killed in a single car accident, while riding as a passenger in an uninsured 1967 Ford automobile, the title to which was in the name of Lila S. Hogan but actually owned by Steve Meroney who had made all of the purchase payments and exercised exclusive control over the vehicle.

As the result of an action for the wrongful death of Roger E. Hogan, judgment in the amount of $9,524.00 was entered against the estate of Steve Meroney who was also killed in the accident. Thereafter, respondent instituted this action to recover the judgment from appellant under the uninsured motorist provisions of the policy issued to Lila S. Hogan. Respondent asserted liability against appellant upon the ground that appellant's policy issued to Lila S. Hogan provided uninsured motorist coverage to respondent as a resident member of the named insured's household. Appellant[260 S.C. 160] denied liability, relying upon the following...