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SMITH v. LIBERTY MUTUAL INS. CO.8/9/1993
Since the former law specifically limits the recovery of PIP benefits to pedestrians, other than the insured or a relative of the insured, injured in the State of Georgia, Liberty's exclusion obviously did not violate Georgia public policy. Moreover, South Carolina does not require any PIP coverage under its automobile insurance laws and has no public policy regarding such coverage. S.C. Code Ann. ยง 38-77-145 (Supp. 1992). Accordingly, we find no public policy which precludes Liberty Mutual from contracting to exclude PIP coverage for pedestrians, not related to the insured, injured in accidents which occur outside the State of Georgia.
Furthermore, in Barkley, the South Carolina Supreme Court stated; "We cannot read into an insurance contract, under the guise of public policy, provisions which are not required by law and which the parties thereto clearly and plainly have failed to include." Id. at 45, 86 S.E.2d at 605. As we previously concluded, we find the language of the contract clear and plain and, therefore, do not find it appropriate under Barkley to construe the policy contrary to its meaning in the name of public policy.
Finally, we note that Smith attempts to rely on S.C. Code section 38-55-50 (1976) to support his position. Section 38-55-50 reads, "An insurer . . . may not make or permit any discrimination in favor of individuals between insureds of the same class and risk involving the same hazards in the amount of the payment of . . . benefits payable, or in any other of the terms and conditions of the contracts it makes." This section relates to discrimination in contracting for insurance and not against claimants. We hold, therefore, that section 38-55-50 is inapplicable to this case.
For the foregoing reasons, we reverse.
Reversed.
Page 1 2 South Carolina Personal Injury Attorneys
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