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STATE FARM FIRE AND CAS. CO. v. BREAZELL

11/12/1996

mbiguous and should be construed in favor of the insured.


  Insurance policies are subject to general rules of
  contract construction. We must enforce, not write,
  contracts of insurance and we must give policy
  language its plain, ordinary and popular
  meaning. We should not torture the

Gambrell v. Travelers Ins. Co., 280 S.C. 69, 310 S.E.2d 814 (1983).


The trial judge concluded that residency referred to actual residency as opposed to legal residence. The court found that the common, ordinary and popular meaning of resident fits most closely to the actual residency of Thomas in this particular situation. Appellants argue that Thomas was not in the Breazells' care for insurance purposes but was actually under the care of DSS because they had legal custody. The trial judge found the plain and ordinary meaning of "in the care of" in this context refers to the actual daily caring for the needs of another. The terms of the policy are unambiguous and should be given their plain and ordinary meanings.


We find the trial judge properly granted summary judgment and concluded based on the material facts that Thomas was a resident of the Breazells' household for insurance purposes.


AFFIRMED.


TOAL, MOORE, WALLER and BURNETT, JJ., concur.




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