United Services Automobile Association v. Pickens

Syllabus

After sustaining injuries in a car accident while a passenger in one of her vehicles, which was being driven by her son, Kevin Simms--an excluded driver under the policy--Petitioner Belinda Pickens sought uninsured motorist (UM) coverage under her insurance policy through Respondent United Services Automobile Association (USAA). Based on the named driver exclusion, USAA denied Pickens's claim. In a subsequent declaratory judgment action, the circuit court granted USAA's summary judgment motion, holding that Section 38-77-340 of the South Carolina Code, which authorizes named driver exclusions in automobile insurance policies, applied to all forms of coverage, including UM. Pickens appealed to the court of appeals, but this Court ultimately certified the case for its review pursuant to Rule 204(b), SCACR. We affirm.