McLeod v. Home Insurance

672 F. Supp. 903, 1987 U.S. Dist. LEXIS 14443
CourtDistrict Court, D. South Carolina
DecidedOctober 1, 1987
DocketCiv. A. No. 87-0989-3
StatusPublished

This text of 672 F. Supp. 903 (McLeod v. Home Insurance) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLeod v. Home Insurance, 672 F. Supp. 903, 1987 U.S. Dist. LEXIS 14443 (D.S.C. 1987).

Opinion

ORDER

GEORGE ROSS ANDERSON, Jr., District Judge.

This is a declaratory judgment action involving an automobile insurance policy issued by the Defendant to the Plaintiff and her husband. The Plaintiff alleged that the Defendant did not make a proper offer of underinsured motorist coverage to her in connection with the issuance of the policy so that she should be afforded underinsured motorist coverage by operation of law. The Defendant alleged that a proper offer was made to and rejected by Plaintiff's husband, who was a named insured of the policy and who was acting as [904]*904Plaintiff's agent. By agreement of the parties, the case was tried non-jury on August 27, 1987. For the reasons set forth below, the Court finds that there was an offer and a rejection of underinsured motorist coverage and the Plaintiff is not entitled to such coverage, either under the terms of the policy or by operation of law.

FACTS

The Plaintiff and her husband, Stephen 0. McLeod lived in Anderson, South Carolina. The Plaintiff was a housewife and her husband was Plant Manager of an aluminum plant in Belton, South Carolina. The Plaintiff was a high school graduate with some college education and her husband was manager of all operations at the aluminum plant, being responsible for more than one hundred employees. Both the Plaintiff and her husband agreed that Mr. McLeod took responsibility for the majority of the business decisions in the household and he assumed and maintained responsibility for procuring automobile insurance coverage for the household.

In the spring of 1984, Mr. McLeod approached the R.B. Keys Insurance Agency, Inc., in Belton for the purpose of placing his automobile insurance coverage through that agency. Mr. McLeod told the representatives of the agency that he wanted the same types and limits of coverage he had on his existing policy obtained through another agency. On that policy, he carried liability limits of $50,000/$100,000/$25,000 and uninsured motorist coverage of $15,-000/$30,000/$5,000. There was no under-insured motorist coverage carried on that existing policy. The Keys Agency quoted a premium rate to Mr. McLeod to place such coverage with the Defendant Home Insurance Company and he agreed.

On April 18, 1984, Mr. McLeod signed an application for this coverage with the same limits as stated above. He also signed a form entitled South Carolina Uninsured/Underinsured Motorist Coverage Selection Form. Although Mr. McLeod could not recall reading or signing the form and could not recall any explanation of underinsured motorist coverage given to him, he acknowledged that it was his signature on this form on the line for the named insured’s signature. Marshall Keys, one of the agents at the Keys agency, testified that he explained underinsured motorist coverage to Mr. McLeod before obtaining his signature on this form and that he witnessed Mr. McLeod signing the form. There are two lines on the form where both spouses can sign as named insureds and the Plaintiff did not sign the form, but Marshall Keys and Rufus Keys, another representative of the agency, both testified that it is standard practice for an insurance agency to obtain only one signature when one person is acting on behalf of the entire family.

Marshall Keys testified that he could not recall verbatim the coversation he had with Mr. McLeod in explaining underinsured motorist coverage to him. He did testify that he explained underinsured motorist coverage to Mr. McLeod and did not have him sign the form without such an explanation. According to Marshall Keys, he would have explained in general terms that underinsured motorist coverage would pay for the insured’s damages if the at-fault motorist did not have liability limits sufficient to cover the damages.

The form itself was introduced as Defendant’s Exhibit 1. At the top of the form, the signer is directed to read all options before making his selections. Beneath that, there is introductory language acknowledging that South Carolina law requires that each policy contain uninsured motorist coverage of $15,000/$30,000/$5,-000. It also advises that increased levels of uninsured motorist coverage and under-insured motorist coverage must be offered.

The form also includes separate sections on increased uninsured motorist coverage and underinsured motorist coverage. In those sections, the applicant is given the option of accepting or rejecting such coverages. The choice is made by marking a box in each instance. If the applicant decides to purchase either or both of the coverages, he is directed to go further down the form and mark the limits of such optional coverage he desires. If the rejec[905]*905tion boxes are marked, the accompanying language indicates a rejection of the offer to purchase such coverage and advises that “such insurance shall not be added to my policy or renewals thereof.”

On the form dated April 18, 1984, which was signed by Mr. McLeod, both rejection boxes are marked. This is consistent with the application signed by Mr. McLeod on that date and the policy as issued, which provided uninsured motorist coverage of $15,000/$30,000/$5,000 and did not provide underinsured motorist coverage. The policy was issued with the Plaintiff and her husband listed as named insureds.

This policy continued in force and effect through the summer of 1985 but was can-celled by the Defendant for non-payment of premium on September 10, 1985. The McLeod family was, therefore, without automobile insurance coverage as of that date.

On September 16,1985, the Keys Agency mailed out an automobile insurance newsletter to all of its insurance customers shown on a client list, which would have included the McLeods. That newsletter was written by the Keys for the purpose of informing their customers of various automobile insurance matters they thought were important. Contained in that newsletter were separate paragraphs containing discussions of liability, uninsured, and underinsured motorist coverage. As to liability and uninsured motorist coverage, the newsletter recommended the customer consider increasing his limits. As to underinsured motorist coverage, the newsletter recommended that each customer consider adding underinsured motorist coverage to his policy. That newsletter was introduced into evidence as Defendant’s Exhibit 5. Mr. and Mrs. McLeod admitted that the address listed for them was proper and they admitted receiving premium notices and other mailings, but denied receiving this newsletter.

Four days later, on September 20, 1985, there was a telephone conversation between Mr. McLeod and Rufus Keys regarding the McLeods’ automobile insurance situation. According to Mr. McLeod, he was not aware that the previous policy had been cancelled for non-payment and the purpose of his call to the Keys agency was to have them delete one automobile and increase the uninsured motorist coverage to $50,-000/$100,000/$25,000 so as to give him additional coverage for a new car if it was damaged by an uninsured motorist.

Rufus Keys agreed that he discussed with Mr. McLeod a deletion of a vehicle and an increase in the uninsured motorist coverage limits. He also testified that they discussed adding underinsured motorist coverage at those same limits and he advised Mr. McLeod that the underinsured motorist coverage would cost approximately $25.00 for two cars for six months. According to Rufus Keys, Mr. McLeod declined to purchase underinsured motorist coverage.

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
672 F. Supp. 903, 1987 U.S. Dist. LEXIS 14443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-home-insurance-scd-1987.