Tuesday, January 03, 2006

S.C. Supreme Court issues opinion on meaningful offer of UIM coverage

In Flloyd v. Nationwide, the Supreme Court answered the following certified question:

Is an offer form in which the blanks were filled in by an insurance agent or his employee in the presence of the named insured, and the form was then signed by the named insured, properly completed and executed pursuant to S.C. Code Ann. 38-77-350(B) (2002), such that the form may be conclusively presumed to constitute a meaningful offer of UIM coverage?

The Court answered the question in the negative:

We conclude the Legislature intended, by the plain and unambiguous terms of the statute, for the insured herself to personally mark, select, and sign the UIM offer form pursuant to Section 38-77-350(A). The offer form is not "properly completed and executed by the named insured" -- thus triggering the conclusive statutory presumption a meaningful offer was made pursuant to Section 38-77-350(B) -- unless the insured herself personally marks, selects, and signs the form.

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