Skip to main content
· 8/14/1968

Park v. Safeco Insurance Co. of America

Citations

  • 162 S.E.2d 709
  • 251 S.C. 410
  • 1968 S.C. LEXIS 182

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing the absence of a “real or actual controversy” between plaintiff and insurer when plaintiff has no contractual relationship with insurer
  • rejecting an injured motorist's attempt to proceed against the UM carrier in the first instance without filing the initial tort suit against the at-fault, uninsured driver
  • rejecting an injured motorist's attempt to proceed against the UM carrier in the first instance without filing the initial tort suit against the at-fault, uninsured driver
  • stating a plaintiff is not a party to the tortfeasor's liability insurance policy and has \no primary standing to litigate a dispute between the insured [tortfeasor] and insurer until and unless [the plaintiff] establishes liability against the [tortfeasor]\
  • \[N]o right to recover can accrue to plaintiff against [the] insurance company until and unless [an insured driver] becomes liable to pay.\
  • Courts generally decline to pronounce a declaration wherein the rights of a party are contingent upon the happen ing of some event which cannot be forecast and which may never take place.

Source: CourtListener parenthetical corpus (CC0).

Judges: Littlejohn, Moss, Lewis, Bussey, Brailsford

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.