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Charles v. Canal Insurance

121 S.E.2d 200, 238 S.C. 600, 1961 S.C. LEXIS 125
CourtSupreme Court of South Carolina
DecidedAugust 2, 1961
Docket17815
StatusPublished
Cited by7 cases

This text of 121 S.E.2d 200 (Charles v. Canal Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles v. Canal Insurance, 121 S.E.2d 200, 238 S.C. 600, 1961 S.C. LEXIS 125 (S.C. 1961).

Opinions

James Hugh McFaddin, Acting Justice.

This appeal is concerned with the amount of appellant's liability to respondent under its policy insuring him against loss or damage to his diesel tractor and trailer by collision or upset. It is undisputed that the loss was within the coverage and was total, except for salvage value. Appellant, contending that the coverage was limited, by a policy endorsement, to $2,000.00 less $250.00 deductible, on each of the two pieces of equipment, moved for judgment in favor of respondent for $3,500.00, and for dismissal of his claim in excess of that amount. Respondent moved for direction of verdict in his favor in the amount of the actual cash value of the tractor and trailer at the time of the loss, August 30, 1958, less the admitted salvage value, $361.00, and less $250.00 admittedly deductible as to each piece of equipment, plus interest from the commencement of the action. The trial judge, refusing appellant’s motion and granting that of respondent, submitted the issue of the amount of actual cash value to the jury, who found it to be $8,700.00; and accordingly judgment was ordered against appellant for $7,839.00 with interest and costs. Appeal is from that judgment. The amount of the actual cash value as found by the jury is not questioned.

This appeal requires that we determine whether respondent’s motion, or that of appellant, should have been granted. The portions of policy and endorsements which require interpretation to determine the correctness of the judgment below are quoted with certain emphasis and explanation by the writer:

“AUTOMOBILE POLICY
“DECLARATIONS
“Item 2. Policy Period
“From May 29, 1958 to May 29, 1959
“SUBJECT TO PREMIUM PAYMENT ENDORSEMENT ATTACHED”

This language is typed in capital letters and its significance will hereafter be referred to.

[603]*603Item 3. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific premium charge or charges. The limit of the company’s liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.
Premiums Limits of Liability Net Rates Coverages
A Comprehensive — Loss oí or damage to the Automobile, except by Collision or Upset but including Fire, Theft and Windstorm -m
Actual Cash Value Class $449.35 less $250.00 which B Collision or Upset $307.00 deductible amount shall be applicable to each Collision or Upset
$2,000.00 $1.95 - 2.25 C Fire, Lightning and Transportation
$ Inch $2,000.00 $ .10 D Theft (Broad Form)
$ 2.00 $2,000.00 $ .10 E Windstorm, Hail, Earthquake or Explosion
F Combined Additional Coverage $ 2.00 $ -&*■
$10 for each G Towing and Labor Costs' disablement May not be written in California
$ $ $
$848.35 Total Premium
[604]*604“Item 4. Description of the automobile and facts respecting its purchase by the insured:
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Linder v. Firemen's Insurance
125 S.E.2d 645 (Supreme Court of South Carolina, 1962)
Charles v. Canal Insurance
121 S.E.2d 200 (Supreme Court of South Carolina, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
121 S.E.2d 200, 238 S.C. 600, 1961 S.C. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-canal-insurance-sc-1961.