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Gaskins v. Southern Farm Bureau Casualty Insurance Co.12/18/2000
Appeal From Williamsburg County R. Markley Dennis, Jr., Circuit Court Judge
Heard November 6, 2000
AFFIRMED IN PART, REVERSED IN PART AND REMANDED
Randy and Linda Gaskins (the Gaskins) appeal the trial court's dismissal of their action against the Southern Farm Bureau Casualty Insurance Company, the South Carolina Farm Bureau Insurance Company (collectively "Farm Bureau"), and Timothy Brant, a claims representative for Farm Bureau. We affirm in part, reverse in part and remand.
FACTUAL/PROCEDURAL BACKGROUND
While hunting, Eugene Gaskins accidently shot his son, Randy Gaskins, with a high-powered rifle. Randy was admitted to the hospital and treated for a gunshot wound to the right flank and severe internal injuries. His medical bills exceeded $36,000.00.
The Gaskins filed a claim against the homeowner's insurance carrier for Eugene Gaskins, Farm Bureau. The claim alleged that in addition to Randy's injuries and medical bills, Linda suffered extreme emotional distress, loss of consortium, and lost wages as a result of the shooting.
The Gaskins alleged that Timothy Brant fraudulently induced them to settle their claims with Farm Bureau by informing them that Eugene Gaskins's policy would pay a maximum of $9,000.00 to cover their claims. Based on this misinformation, the Gaskins accepted a $9,000.00 payment and signed a Final Release and Settlement of their claims. The Gaskins subsequently learned Eugene Gaskins's policy provided for $100,000.00 in personal liability protection.
The Gaskins filed this action against Brant and Farm Bureau, alleging fraud, negligence, breach of the covenants of good faith and fair dealing, misrepresentation, unfair trade practices, wrongful adjustment under South Carolina Code Annotated Section 38-59-20, and the intentional infliction of emotional distress. They further sought a declaratory judgment that the release was null and void.
Brant and Farm Bureau moved to dismiss the action under Rule 12(b)(6), SCRCP, for the Gaskins' failure to state facts sufficient to constitute any of their causes of action. After a hearing on the motion, the trial court summarily dismissed all causes of action pursuant to Hopkins v. Fidelity Ins. Co., 240 S.C. 230, 125 S.E.2d 468 (1962). The Gaskins appeal. We affirm in part, reverse in part and remand.
LAW/ANALYSIS
Summary Dismissal Pursuant to Hopkins
The trial court issued a two-line ruling that apparently applies to all causes of action and the Gaskins' request for a declaratory judgment. The order stated: " he court finds the case of Hopkins v. Fidelity Ins. Co., 240 S.C. 230, 125 S.E.2d 468 (1962) to be controlling. Therefore, it is ordered that this action is dismissed."
I.
The Gaskins argue the trial court erred in holding Hopkins barred all their actions against Brant and Farm Bureau. We agree as to the causes of action for fraud, negligence, misrepresentation, unfair trade practices, and the intentional infliction of emotional distress.
In Hopkins, the mother of a two year old girl, fatally crushed under a farm vehicle, filed suit alleging fraud and deceit by Fidelity Insurance Company in its settlement of the wrongful death claim. The complaint alleged a Fidelity agent took advantage of the mother's state of shock and coerced her into signing a release of her claim in exchange for two thousand dollars.
Our Supreme Court in Hopkins found the mother's action should have been dismissed. The court held the action vested in the child's personal representative rather than in the mother, and the claim failed as it was brought b
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