Pitts v. Glens Falls Indem. Co.

• Court: South Carolina Supreme Court
• Writing for the Court: BAKER; OXNER
• Citation: Pitts v. Glens Falls Indem. Co., 72 S.E.2d 174, 222 S.C. 133 (S.C. 1952)
• Decision Date: 25 July 1952
• Docket Number: No. 16653,16653
• Parties: PITTS v. GLENS FALLS INDEMNITY CO.

Page 174

72 S.E.2d 174

222 S.C. 133

PITTS v. GLENS FALLS INDEMNITY CO.

No. 16653.

Supreme Court of South Carolina.

July 25, 1952.

This action was commenced by the service of a Summons and Complaint on March 13, 1950.

The material allegations of the Complaint allege that on February 26, 1949, the defendant issued its automobile policy No. 86113 wherein, among other things, it was provided that the defendant would pay all reasonable expenses incurred within one year from the date of an accident for necessary medical, surgical, ambulance, hospital, professional nursing and funeral services to and for each person who sustains bodily injury, sickness or disease caused by an accident while in or upon entering or alighting from the automobile if the automobile is being used by the named insured or with his permission.

The the aforementioned policy covered the 1947 DeSoto Coupe of Sam H. Pitts and that he was accidentally killed while riding in the said automobile on November 14, 1949, while the said policy was in full force and effect. That the plaintiff as administratrix of his estate incurred funeral expenses in the sum of $763.80 on account of the death of the insured under the policy and that the plaintiff made demand upon the defendant for the payment of such funeral expenses, but that payment has been refused.

At the time this policy was issued Dr. Pitts was engaged in the private practice of dentristry in the City of Columbia. However, on or about October 1, 1949, he was employed by the State Board of Health of the State of South Carolina.

The defendant through its attorneys filed an Answer in which they admit that they issued the policy and that the said policy covered the 1947 DeSoto Coupe; that the said Sam H. Pitts was killed in an automobile accident and funeral expenses were incurred by his Estate, while the policy was in effect.

They deny liability, however, under the following provision of this policy:

'This policy does not apply:

'(g) under coverage C to bodily injury to or sickness, disease or death of any person if benefits therefor are payable under any workmen's compensation law;'

Coverage C is as follows:

'Coverage C--Medical Payments. To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, ambulance, hospital, professional nursing and funeral services, to or for each person who sustains bodily injury, sickness or disease, caused by accident, while in or upon, entering or alighting from the automobile if the automobile is being used by the named insured or with his permission;'

On January 10, 1949, the Industrial Commission of the State of South Carolina made the following award:

'It Is Ordered that the State fund pay to Marian Kingsley Pitts for her use and the use of her minor child, Marian Priscilla Pitts, compensation at the compensable rate of Twenty-five ($25.00) Dollars per week for a period of Three hundred fifty (350) weeks, beginning on the 15th day of November, 1949, on account of the death of the said Dr. Samuel H. Pitts.

'It Is Further Ordered, that the defendants shall pay to the proper party, or parties, the sum of Two Hundred ($200.00) Dollars for funeral expenses, and if the widow has already paid the funeral bill, upon proper proof of such payment the State Fund shall reimburse her to the extent of the sum of Two Hundred ($200.00) Dollars. The total amount payable under this Award, including the funeral expenses, shall not exceed the sum of Six Thousand ($6,000.00) dollars.

'It Is Further Ordered that all medical, hospital and doctors' bills directly incurred as a result of said accident shall be the liability of the defendants.'

It is agreed that the provisions of Policy No. 86113 shall be a part of this statement of facts.

It is agreed that the entire file of the South Carolina Industrial Commission pertaining to the death of Dr. Pitts shall be a part of this statement of facts.

The plaintiff has never collected or made effort to collect the sum of $200 in accordance with the award in that matter.

Cooper & Gary, Gene V. Pruet, Columbia, for appellant.

Milledge T. Pitts, Edwin H. Cooper, Columbia, for respondent.

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