United Auto Insurance v. Freemam

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

United Auto Insurance Company, Respondent,

v.

Willie Freeman, Michael Craft, Kimberly L. Sanford, and
Antonio Craft, Appellants.

Appellate Case No. 2015-000811

Appeal From Anderson County
R. Scott Sprouse, Circuit Court Judge

Unpublished Opinion No. 2017-UP-412
Submitted September 1, 2017 – Filed November 1, 2017

AFFIRMED

Donald Loren Smith, of Attorney Office of Donald
Smith, of Anderson, for Appellants.

George Verner Hanna, IV and Trevor Penrose Eddy, both
of Howser Newman & Besley, LLC, of Columbia, for
Respondent.
PER CURIAM: Willie Freeman, Michael Craft, Kimberly L. Sanford, and
Antonio Craft (collectively Appellants)1 appeal the circuit court's order finding the
conduct of United Auto Insurance Company (Respondent) did not violate
applicable statutory requirements related to the cancellation of automobile
insurance policies. We affirm pursuant to Rule 220(b), SCACR, and the following
authorities:

1. With regard to whether subsection 38-77-120(a)(2) of the South Carolina Code
(2015) permitted Respondent to issue a notice of cancellation for nonpayment of
insurance premium before the payment became delinquent: Wade v. Berkeley Cty.,
348 S.C. 224, 229, 559 S.E.2d 586, 588 (2002) ("The first question of statutory
interpretation is whether the statute's meaning is clear on its face."); Catawba
Indian Tribe of S.C. v. State, 372 S.C. 519, 525-26, 642 S.E.2d 751, 754 (2007)
("The words of the statute must be given their plain and ordinary meaning without
resorting to subtle or forced construction to limit or expand the statute's
operation."); id. at 525, 642 S.E.2d at 754 ("If a statute's language is plain,
unambiguous, and conveys a clear meaning, then 'the rules of statutory
interpretation are not needed and the court has no right to impose another
meaning.'" (quoting Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581
(2000))); S.C. Code Ann. § 38-77-120(a)(2) (stating a cancellation of insurance is
effective provided the insured is mailed a notice of cancellation and the notice
states the date on which cancellation becomes effective, which cannot be less than
fifteen days from the time of mailing).

2. With regard to whether Respondent's cancellation of the insurance policy was
proper pursuant to subsection 56-10-280(A)(4) of the South Carolina Code (Supp.
2016): Wade, 348 S.C. at 229, 559 S.E.2d at 588 ("The first question of statutory
interpretation is whether the statute's meaning is clear on its face."); Catawba
Indian Tribe of S.C., 372 S.C. at 525-26, 642 S.E.2d at 754 ("The words of the
statute must be given their plain and ordinary meaning without resorting to subtle
or forced construction to limit or expand the statute's operation."); id. at 525, 642

1
Although Sanford and Antonio Craft are designated as Appellants in the Notice
of Appeal, the record reveals these parties have not been represented or
participated in the litigation in this case and are currently in default. Therefore, the
appeal as to them is dismissed. See Winesett v. Winesett, 287 S.C. 332, 333-34,
338 S.E.2d 340, 341 (1985) (dismissing appeal and noting "[t]he proper procedure
for challenging a default judgment is to move the trial court to set aside the
judgment pursuant to Rule 60(b), SCRCP. An appeal may then be taken from the
denial of this motion.").
S.E.2d at 754 ("If a statute's language is plain, unambiguous, and conveys a clear
meaning, then 'the rules of statutory interpretation are not needed and the court has
no right to impose another meaning.'" (quoting Hodges, 341 S.C. at 85, 533 S.E.2d
at 581)); S.C. Code Ann. § 56-10-280(A)(4) (stating an insurance policy may be
canceled within the first sixty days if the insured fails to pay when due the
premium for the policy).

AFFIRMED.2

SHORT, KONDUROS, and GEATHERS, JJ., concur.

2
We decide this case without oral argument pursuant to Rule 215, SCACR.