GENERAL ACC. INS. v. Safeco Ins.

443 S.E.2d 813
CourtCourt of Appeals of South Carolina
DecidedApril 25, 1994
Docket2174
StatusPublished

This text of 443 S.E.2d 813 (GENERAL ACC. INS. v. Safeco Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GENERAL ACC. INS. v. Safeco Ins., 443 S.E.2d 813 (S.C. Ct. App. 1994).

Opinion

443 S.E.2d 813 (1994)

GENERAL ACCIDENT INSURANCE COMPANY, Respondent-Appellant,
v.
SAFECO INSURANCE COMPANIES, Travelers Insurance Company, Reliance Insurance Company, Kent Lee Pullen, and Eleanor Nancy Gebolys, Defendants,
of Whom Safeco Insurance Company is, Respondent, and
Travelers Insurance Company is, Appellant-Respondent.

No. 2174.

Court of Appeals of South Carolina.

Heard March 9, 1994.
Decided April 25, 1994.

*815 M. Dawes Cooke, Jr. and Matthew H. Henrikson, of Barnwell, Whaley, Patterson & Helms, Charleston, for appellant-respondent.

Joseph S. Brockington, of Wise & Cole, Charleston, for respondent-appellant.

R. Davis Howser, Deborah L. Harrison, and Charles E. Carpenter, Jr., all of Richardson, Plowden, Grier & Howser, Columbia, for respondent.

CURETON, Judge:

This is a declaratory judgment action to determine insurance coverage for damages arising from an automobile accident which occurred on October 1, 1988, when a rental car driven by Kent Lee Pullen struck Eleanor Gebolys, a pedestrian. Gebolys brought suit against Pullen and his employer, Ace Chicago Great Dane, Inc. (Ace Chicago), and received $225,000 in settlement of her claims. In this action, the four insurance companies sought a declaration of the extent of their coverages.[1] Applying Georgia law, the trial judge found coverage under all four insurance policies. Reliance Insurance Company was declared the primary carrier and the others excess carriers. Travelers Insurance Company and General Accident Insurance Company cross-appeal. We affirm.

FACTS

On October 1, 1988, Eleanor Gebolys (Gebolys) was injured when she was struck by an automobile which had been leased by Harold Glen Williams (Williams) from Budget Rent-A-Car of Savannah, Georgia. At the time of the accident, the vehicle was being operated by Kent Lee Pullen (Pullen) with Williams riding as a passenger.

Williams was employed as a sales representative of Great Dane Trailers of Dallas, Texas, a factory owned branch of Great Dane Trailers, Inc. (Great Dane Trailers). Williams travelled from Texas to Hilton Head for a national sales meeting which was scheduled to begin on Sunday afternoon, October 2, 1988, the day following the accident. In accordance with instructions from his supervisor, Williams leased a car at the Savannah Airport to travel to Hilton Head. Great Dane Corporation was to reimburse Williams for the cost of this rental.

Pullen was employed by Ace Chicago, a distributor of Great Dane Trailers in the Chicago area.[2] Like Williams, Pullen was in Hilton Head to attend the annual sales meeting of Great Dane Trailers, and had arrived early in order to play golf in an optional golf tournament scheduled for Sunday morning, October 2, 1988. One of the purposes of the annual sales meeting was to discuss various new products of Great Dane Trailers. Great Dane Trailers required all sales personnel of Ace Chicago to attend this meeting.

On Saturday evening October 1, 1988, Williams, two other employees of Great Dane Trailers, and Pullen left the hotel for dinner at a restaurant on Hilton Head in the vehicle rented by Williams. Williams was driving when they left the hotel, however, when the group had difficulty finding a restaurant, Pullen offered to drive the car. As Pullen was driving with the express permission of Williams, he struck Gebolys. Gebolys filed a *816 lawsuit for injuries she received in the accident, and her claim was settled for $225,000.[3]

The trial court, sitting without a jury in this action at law,[4] held that Reliance Insurance Company was the primary carrier and liable for its $15,000 policy limits.[5] The court further held that Safeco Insurance Companies (Safeco), Travelers Insurance Company (Travelers), and General Accident Insurance Company (General Accident) bore the responsibility for the remaining $210,000 of the settlement pro rata based on their respective policy limits. Accordingly, Safeco owed $1,891.89, Travelers owed $189,189.19, and General Accident owed $18,918.92 toward payment of the settlement.

On appeal, Travelers contends that it is not responsible for any of the settlement because it has no coverage for Kent Pullen as an insured permissive driver. In the alternative, Travelers maintains that if there is coverage, it is excess to General Accident's coverage and the coverage should not be prorated.

General Accident contends that it has no coverage because Kent Pullen was not acting within the course and scope of his employment at the time of the accident.

Safeco admits that it has coverage as the insurer for Kent Pullen. Moreover, Safeco asserts that the trial court correctly held both Travelers and General Accident also have coverage and properly prorated the coverage based on the respective policy limits.

TRAVELERS' APPEAL

The principal issue on appeal is whether the driver, Pullen, was a permissive user of the car involved in the accident. The trial judge held that Georgia law applied to this issue, and Pullen was a permissive user under Georgia law. Ruling alternatively, the judge also held that the driver was a permissive user under South Carolina law. Travelers does not appeal the merits of the judge's ruling under Georgia law. It contends, however, that South Carolina law is controlling, and the driver was not a permissive user under South Carolina law. Assuming South Carolina law applies, we hold there is some evidence supporting the judge's finding that the driver was a permissive user. See S.C. Farm Bureau Ins. Co. v. Windham, 303 S.C. 330, 400 S.E.2d 497 (Ct.App.1990) (On appeal of an action at law tried by the judge without a jury, this court will review the factual findings to determine if there is any evidence to support them). Accordingly, we affirm without reaching the "choice of law" issue raised by Travelers.

As suggested by Travelers, the controlling inquiries in determining if Pullen was a permissive user of the car are: (1) whether Great Dane Trailers gave the driver, Pullen, express or implied permission to drive the rental car; and (2) if not, did Williams have express or implied authority from his employer to allow a third-party (Pullen) to drive the rental car? We hold there was some evidence that Williams had implied authority to allow Pullen to use the car.

At the time of the accident, Pullen was driving the rental car with the express permission of Williams, and Williams was a passenger in the car. Williams and Pullen were in South Carolina attending a national sales meeting conducted by William's employer. William's employer, Great Dane Trailer's, Inc., was the named insured in the Travelers policy, and this policy expressly provided coverage for permissive users of rented cars.[6] There is no dispute that Williams had the express permission of his employer to drive the rental car. That permission contained *817 no prohibition regarding its use by other attendees at the convention. To the contrary, in an unappealed finding of fact, the trial judge found: "At these national sales meetings it was usual and customary for a number of people attending the meeting to drive the rental cars in connection with various activities related to the meeting."

The controlling principles of law are found in American Mut. Fire Ins. Co.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

South Carolina Farm Bureau Mutual Insurance v. Windham
400 S.E.2d 497 (Court of Appeals of South Carolina, 1991)
Beam v. State Workmen's Compensation Fund
200 S.E.2d 83 (Supreme Court of South Carolina, 1973)
Merritt Ex Rel. Estate of Merritt v. Smith
237 S.E.2d 366 (Supreme Court of South Carolina, 1977)
McAllister v. Graham
339 S.E.2d 154 (Court of Appeals of South Carolina, 1986)
State Farm Mutual Automobile Insurance v. Allstate Insurance
179 S.E.2d 203 (Supreme Court of South Carolina, 1971)
South Carolina State Budget & Control Board v. Prince
403 S.E.2d 643 (Supreme Court of South Carolina, 1991)
American Mutual Fire Insurance v. Reliance Insurance
233 S.E.2d 114 (Supreme Court of South Carolina, 1977)
Vespazianni v. McAlister
415 S.E.2d 427 (Court of Appeals of South Carolina, 1992)
General Accident Insurance v. Safeco Insurance Companies
443 S.E.2d 813 (Court of Appeals of South Carolina, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
443 S.E.2d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-acc-ins-v-safeco-ins-scctapp-1994.