· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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