State Farm v. Myra M. Windham

Syllabus

Respondent Myra Windham was seriously injured while driving a rental car that constituted a temporary substitute vehicle under her State Farm policy. In this declaratory judgment action instituted by Respondent State Farm, we are asked to determine whether Windham can stack her underinsured motorist (\UIM\) coverage pursuant to section 38-77-160 of the South Carolina Code. The circuit court agreed with State Farm that stacking was prohibited, and the court of appeals reversed. Because both parties offer reasonable interpretations of the policy language, we believe an ambiguity exists, which we construe against the drafter. Accordingly, we agree with the court of appeals that Windham can stack and affirm as modified.