Jennings v. First of Georgia Underwriters Co.
Jennings v. First of Georgia Underwriters Co.
Opinion of the Court
This case hinges on the application of a third party coverage clause in an insurance policy. The trial court ruled respondent Beth Jennings to be a third party beneficiary under Robert P. Lusk’s homeowner’s insurance policy with appellant First of Georgia Underwriters Company and directed verdict in Jennings’ favor. Thus, First of Georgia’s appeal raises two issues: (1) whether Jennings is a third party beneficiary, and (2) whether she is entitled to a directed verdict. We affirm.
Jennings and Lusk married in August of 1979. On January 3, 1980, their marriage was annulled ah initio on the ground they were unable to consummate their relationship; nevertheless, Jennings and Lusk continued to live in the same residence until mid or late February of 1980. On February 7, Jennings traveled to Atlanta; when she returned two days later, she found several items of jewelry missing, including her diamond engagement ring. The ring was scheduled on Lusk’s homeowner’s policy with First of Georgia. When First of Georgia denied her claim for coverage on the ground she was not Lusk’s spouse and thus not a named insured, Jennings brought this action.
Lusk’s policy contains the following provision:
In addition we will cover at your request personal property owned by a guest or a residence employee, while the property is in any residence occupied by any insured.
The parties stipulated Jennings was a guest in Lusk’s residence and that the ring was in the residence when lost. The
S. C. Code Ann. Section 15-33-10 (1976) provides when a case “presents only questions of law the judge may direct a verdict”. In considering a motion for a directed verdict “the trial court must consider the evidence in the light most favorable to the [non-moving] party____If more than one reasonable inference can be drawn from the evidence, the judge must submit the case to the jury”. Waters v. University of South Carolina, 280 S. C. 572, 313 S. E. (2d) 346, 347 (Ct. App. 1984). This case presents only a question of law because the facts are stipulated. Even when considered in the light most favorable to First of Georgia, the only reasonable inference from these facts is that Jennings is a third party beneficiary. Therefore, the trial court was correct in directing a verdict for Jennings.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.