Buchanan v. SC Property and Casualty Insurance

The underlying dispute arose following a deadly motor vehicle accident in Bamberg County, South Carolina in January 2008. At the time of the accident, decedent James Buchanan was driving a tractor trailer traveling northbound on U.S. Highway 321. Heading southbound on U.S. Highway 321 were three vehicles: a logging truck followed by two tractor trailers, one driven by Willie Pelote and the other by his brother Roger Pelote, both of whom were former parties to this action. As the vehicles converged, a set of tandem tires came loose from the logging truck and struck Buchanan's vehicle, breaking the front axle. As a result, Buchanan's truck crossed the center line and struck the second tractor trailer. Buchanan's tractor trailer caught fire, and he died at the scene. Respondents, as co-personal representatives of Buchanan's estate, filed a wrongful death claim against the driver of the logging truck; the owner of the logging truck; Strobel Tire Co., which performed tire maintenance work on the logging truck shortly before the accident; and the Pelotes. On certiorari, the South Carolina Property and Casualty Insurance Guaranty Association (the Guaranty) argued the court of appeals erred in construing the provisions of the South Carolina Property and Casualty Insurance Guaranty Association Act (the Act) and affirming the trial court's finding that the Guaranty's statutory offset of $376,622 should be deducted from the claimant's total amount of stipulated damages of $800,000 rather than the Association's mandatory statutory claim limit of $300,000. The South Carolina Supreme Court concluded the Act was ambiguous, and found the court of appeals correctly construed the Act to require that settlement amounts be offset from the total amount of an injured party's damages rather than from the $300,000 statutory cap. The Court therefore affirmed the court of appeals' decision as modified. View "Buchanan v. SC Property and Casualty Insurance" on Justia Law