Davis v. Nationwide Mutual Insurance Company

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

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Christopher Davis, Appellant,

v.

Nationwide Mutual Insurance Company, Respondent.

Appeal From Greenville County

 Edward W. Miller, Circuit Court Judge

Unpublished Opinion No.  2004-UP-609

Submitted November 10, 2004 – Filed December 7, 2004

REVERSED

Randall L. Chambers, of Greenville, for Appellant.

J. R. Murphy, of Columbia, for Respondent.

PER CURIAM:  Christopher Davis appeals the
trial court’s grant of summary judgment to Nationwide Mutual Insurance Company
on the issue of whether Davis may recover uninsured motorist (UIM) benefits
under an insurance policy.  We reverse.
[1]

LAW/ANALYSIS

We reverse pursuant to the following authority:
Burgess v. Nationwide Mutual Insurance, Op. No. 3863 (S.C. Ct. App. filed
Sept. 7, 2004) (Shearouse Adv. Sh. No. 35 at 43) (holding that section 38-77-160
of the South Carolina Code (2002) does not allow the exclusion or restriction
of basic UIM coverage, UIM coverage is personal and portable, and the policy
provision limiting UIM coverage to the lesser of the coverage limits under the
policy or the coverage limits on the vehicle involved in the accident exceeds
the limitations allowed by section 38-77-160 and is therefore inconsistent with
public policy and void.)

REVERSED.

STILWELL and SHORT, JJ., and CURETON, A.J., concur.

[1] We decide this case without oral argument pursuant
to Rule 215, SCACR.