American Security Insurance Company v. Archie O. Howard and South Carolina Insurance Company

AMERICAN SECURITY INSURANCE COMPANY, Appellant,
v.
Archie O. HOWARD, Appellant,
and
South Carolina Insurance Company, Respondent.

No. 1915.
Heard April 21, 1993.
Decided May 10, 1993.

Insurer which provided underinsured motorist coverage on motorcycle brought action seeking declaration as to availability of underinsured motorist coverage to motorcyclist under wife's policy. Motorcyclist cross-claimed against wife's insurer to reform policy to include underinsured motorist coverage up to liability limits of policy and to stack underinsured motorist coverage. The Greenville County Circuit Court, Luke N. Brown, Jr., J., held that wife's policy did not afford underinsured motorist or personal injury protection (PIP) coverage. Motorcyclist and his insurer appealed. The Court of Appeals, Bell, J., held that: (1) wife's insurer's offer of underinsured motorist coverage was invalid; (2) wife's policy did not have to be reformed to provide PIP coverage; and (3) motorcyclist could stack underinsured motorist coverage under wife's policy.

Affirmed in part, reversed in part and remanded.