Thalia S. ex rel. Gromacki v. Progressive Select Insurance

736 S.E.2d 863, 401 S.C. 395, 2012 WL 5935625, 2012 S.C. App. LEXIS 344
CourtCourt of Appeals of South Carolina
DecidedNovember 28, 2012
DocketAppellate Case No. 2011-195546; No. 5054
StatusPublished
Cited by3 cases

This text of 736 S.E.2d 863 (Thalia S. ex rel. Gromacki v. Progressive Select Insurance) 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
Thalia S. ex rel. Gromacki v. Progressive Select Insurance, 736 S.E.2d 863, 401 S.C. 395, 2012 WL 5935625, 2012 S.C. App. LEXIS 344 (S.C. Ct. App. 2012).

Opinion

CURETON, A.J.

In this dispute over insurance coverage, Appellants argue the trial court erred in granting summary judgment to Progressive Select Insurance Company (Progressive) because (1) their insurance policy affords bodily injury liability coverage pursuant to section 56-9-351 of the South Carolina Code (2006) and (2) the trial court’s reliance on Newton v. Progressive Northwestern Insurance Company, 347 S.C. 271, 554 S.E.2d 437 (Ct.App.2001), is misplaced. We affirm.

FACTS

The facts of this case are undisputed. On March 22, 2005, Kristopher Gromacki was driving his wife, Mercedes Salas, and children, Thalia and Angelina, from their home in Florida to Virginia. On Interstate 95 in South Carolina, Gromacki lost control of the vehicle, swerved into another lane, and was rear-ended by a tractor trailer operated by Fleet Source, Inc. Gromacki and Thalia were seen by a doctor the day of the accident and were released the same day. However, Salas suffered a brain injury that required emergency surgery, and Angelina passed away a few days after the accident.

Thalia and Salas sued Fleet Source, Gromacki, and the corporation that manufactured Angelina’s child seat and ultimately settled with the two corporate defendants. The claims against Gromacki were referred to a special referee, who awarded damages to Thalia and Salas. Thereafter, Appellants filed a declaratory judgment action against Progressive, which is the basis for this appeal. In the complaint, Appellants alleged Progressive breached the policy of insurance by refus[398]*398ing to pay the limits of liability coverage under the policy. Appellants argued the policy should be enforced to include bodily injury liability coverage because the policy’s out-of-state coverage provision requires coverage for accidents that occur in South Carolina.

Progressive served Appellants with a request for admission. Appellants admitted the policy was issued to Salas, a resident of Florida and the named insured under the policy. They further admitted the policy was neither issued nor delivered in South Carolina; the vehicle involved in the accident was principally garaged in Florida, not South Carolina; and on the date of the accident, Appellants were not residents of South Carolina. Appellants acknowledged the policy did not include any bodily injury liability coverage for accidents occurring in Florida. Moreover, they admitted Progressive did not certify proof of financial responsibility pursuant to South Carolina law on behalf of Appellants and Gromacki and Salas were not required to certify proof of financial responsibility prior to the accident. Appellants confirmed Gromacki and Salas had not been involved in a prior accident in South Carolina before the accident relating to this dispute, nor had their driving privileges in South Carolina been suspended at the time of the accident. Finally, Appellants admitted they had no evidence either Gromacki or Salas had failed to satisfy a judgment relating to another motor vehicle accident prior to the accident.

Both sides moved for summary judgment. After a hearing, the trial court held the out-of-state coverage provision in the policy was not triggered and granted summary judgment to Progressive. Appellants filed a motion to alter or amend the judgment pursuant to Rule 59(e), SCRCP, which the trial court denied. This appeal followed.

LAW/ANALYSIS

I. Procedural Posture

When reviewing the grant of a summary judgment motion, an appellate court “applies the same standard that governs the trial court under Rule 56(c), SCRCP.” Boyd v. Bellsouth Tel. Tel. Co., 369 S.C. 410, 415, 633 S.E.2d 136, 138 (2006).

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no [399]*399genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of lav?.” Rule 56(c), SCRCP; Englert, Inc. v. LeafGuard USA, Inc., 377 S.C. 129, 134, 659 S.E.2d 496, 498 (2008). In determining v?hether any triable issues of fact exist, a court must view the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Law v. S.C. Dep’t of Corr., 368 S.C. 424, 434, 629 S.E.2d 642, 648 (2006).

“The construction and enforcement of an unambiguous contract is a question of law for the court, and thus can be properly disposed of at summary judgment.” Hansen ex rel. Hansen v. United Servs. Auto. Ass’n, 350 S.C. 62, 67, 565 S.E.2d 114, 116 (Ct.App.2002) (quoting Middleborough Horizontal Prop. Regime Council of Co-Owners v. Montedison S.p.A., 320 S.C. 470, 477, 465 S.E.2d 765, 770 (Ct.App.1995)).

II. Analysis

First, Appellants argue their insurance policy must afford bodily injury liability coverage because section 56-9-351 of the South Carolina Code (2006) requires nonresident motorists to maintain bodily injury liability coverage while driving in South Carolina. We disagree.

“An insurance policy is a contract between the insured and the insurance company, and the terms of the policy are to be construed according to contract law.”1 Auto Owners Ins. Co. v. Rollison, 378 S.C. 600, 606, 663 S.E.2d 484, 487 (2008); accord Barnier v. Rainey, 890 So.2d 357, 359 (Fla. Dist.Ct.App.2004) (“In that the rights and obligations of parties under a policy of insurance arise out of a contract of insurance, they are governed by contract law.”). “Where the [400]*400terms of a contract are clear and unambiguous, its construction is for the court; but where the terms are ambiguous, the question of the parties’ intent must be submitted to the jury.” Hansen, 350 S.C. at 68, 565 S.E.2d at 116; accord Ellenwood v. S. United Life Ins. Co., 313 So.2d 392, 394 (Fla.Dist.Ct.App. 1979) (“If the language of a contract is unambiguous and not subject to conflicting inferences, its construction is for the court, not the jury.”). Furthermore, “[wjhen a statute’s terms are clear and unambiguous on their face, there is no room for statutory construction and a court must apply the statute according to its literal meaning.” Sloan v. S.C. Bd. of Physical Therapy Exam’rs, 370 S.C. 452, 468, 636 S.E.2d 598, 606 (2006).

Appellants base their argument upon language contained in the second paragraph of the out-of-state provision in the policy:

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

Related

Contravest Inc. v. Mt. Hawley Insurance Co.
273 F. Supp. 3d 607 (D. South Carolina, 2017)
SC Electric & Gas v. Anson Construction
Court of Appeals of South Carolina, 2015
Roper, LLC v. Harris Teeter, Inc.
Court of Appeals of South Carolina, 2013

Cite This Page — Counsel Stack

Bluebook (online)
736 S.E.2d 863, 401 S.C. 395, 2012 WL 5935625, 2012 S.C. App. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thalia-s-ex-rel-gromacki-v-progressive-select-insurance-scctapp-2012.