State Farm Mutual Automobile Insurance v. Tilton
State Farm Mutual Automobile Insurance v. Tilton
Opinion of the Court
This is an appeal from a declaratory judgment determining the rights and liabilities of the parties pursuant to an automobile insurance policy.
State Farm Mutual Automobile Insurance Company issued a policy of automobile liability insurance to Esther Jayroe. The ultimate issue is whether the 1972 Nova was a replacement vehicle. The defendant, Edward Jayroe, was involved in an automobile accident while driving this automobile. The defendant Richard Tilton was injured as a passenger in the vehicle and previously instituted an action against Edward Jayroe. State Farm upon being asked to defend, brought this action for a declaratory judgment and the trial court determined that the State Farm policy insured the 1972 Nova. We affirm.
This being an action at law tried by the judge alone, his findings of fact will not be disturbed on appeal unless there is no evidence which reasonably supports his findings. Townes Associates, Ltd. v. City of Greenville, 266 S. C. 81, 221 S. E. (2d) 773 (1976).
The pickup 'was repaired subsequent to the accident involving the Nova. State Farm asserts that the Nova could not constitute a replacement vehicle because the pickup was neither disposed of nor inoperable. This Court has held that a replacement vehicle:
“must replace the car described in the policy, which must be disposed of or incapable of further service at the time of replacement. Mere retention of title and possession of the described automobile will not prevent the attachment of replacement coverage to one subsequently acquired, where the described automobile is incapable of further service.” Allstate Ins. Co. v. Government Employees Ins. Co., 262 S. C. 110, 114, 202 S. E. (2d) 640, 642 (1974). (Emphasis added.)
The trial judge’s finding of fact, which is supported by the evidence, establishes that the pickup was inoperable and incapable of further service at the time of the replacement.
We find that the judgment of the trial court contains no error of law and affirm.
Affirmed.
Reference
- Full Case Name
- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Richard Alex TILTON, a minor
- Status
- Published