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2004-UP-609 - 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Unpublished Opinion No.  2004-UP-609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.