South Carolina Elec. and Gas Co. v. Jeter
| Decision Date | 25 February 1986 |
| Docket Number | No. 0679,0679 |
| Citation | 288 S.C. 432,343 S.E.2d 47 |
| Court | South Carolina Court of Appeals |
| Parties | SOUTH CAROLINA ELECTRIC AND GAS COMPANY, Appellant, v. Beverly JETER and John Doe, Defendants, of whom John Doe is an Appellant and Beverly Jeter is the Respondent. Appeal of John DOE. Beverly JETER, Respondent v. John DOE, Appellant. . Heard |
John M. Mahon, Jr., Columbia, for appellants.
Sherod H. Eadon, Jr., of Lee & Eadon, Columbia, for respondent.
Defendant-Respondent, Beverly Jeter, was a passenger on a city bus operated by South Carolina Electric and Gas Company when an uninsured motorist negligently backed his vehicle into the path of the bus. The bus company was a self-insurer of its motor vehicles. Jeter was injured and seeks to have the bus company pay for damages caused by the negligence of the uninsured motorist.
The bus company instituted this declaratory judgment action against Jeter seeking a declaration that the uninsured motorist provisions of the statute do not provide coverage for injuries to a paying passenger inflicted by an unknown and uninsured motorist. The trial judge ruled in favor of Jeter; we affirm.
The narrow issue which the Court is called on to determine, as taken from the Brief of the bus company, is as follows:
Is a self-insurer required to provide uninsured motorist coverage under § 56-9-830 of the Code?
That section is a part of South Carolina's Financial Responsibility Act which requires that motor vehicles (other than those owned by self-insurers) be covered by liability insurance. It provides in relevant part as follows:
No such policy or contract shall be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motorist vehicle, ...
This question has been answered by the Courts of other states. In Crocker v. Transport of New Jersey and John Doe, 169 N.J.Super. 498, 404 A.2d 1293 (1979), the Court held, consistent with the trial judge in this case, in favor of the injured party. In Yellow Cab Company of Virginia v. Adinolfi, 204 Va. 815, 134 S.E.2d 308 (1964), the Court held, inconsistent with the trial judge in this case, in favor of the self-insurer. The statutes involved are at least somewhat similar, but not identical, to ours. These cases are referred to merely for the purpose of indicating that there is a split of authority.
We need not, however, go...
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