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Coakley v. Horace Mann Insurance Co.1/24/2005
Inc., 334 S.C. 137, 140, 511 S.E.2d 692, 694 (Ct. App. 1999). In an action at law tried by a judge without a jury, the judge's findings will not be disturbed on appeal unless no reasonable evidence supports the judge's conclusions. Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976). Since Appellants have admitted that no facts are in dispute in this case, this court can review conclusions of law based on those facts. Midland Guardian Co. v. Thacker, 280 S.C. 563, 568, 314 S.E.2d 26, 29 (Ct. App. 1984).
LAW/ANALYSIS
I. The Insurance Policy
"Insurance policies are subject to general rules of contract construction." State Farm Mut. Auto. Ins. Co. v. Calcutt, 340 S.C. 231, 234, 530 S.E.2d 896, 897 (Ct. App. 2000) (citations omitted). Accordingly, courts "should give policy language its plain, ordinary and popular meaning." Id. Furthermore, courts should not rewrite policy language or torture its meaning to extend coverage never intended by the parties. Torrington Co. v. Aetna Cas. & Sur. Co., 264 S.C. 636, 643, 216 S.E.2d 547, 550 (1975). When an insurance contract is unambiguous, clear, and explicit, it must be construed according to the terms the parties have used. Century Indem. Co. v. Golden Hills Builders, Inc., 348 S.C. 559, 565, 561 S.E.2d 355, 358 (2002). However, " mbiguous or conflicting terms in an insurance policy must be construed liberally in favor of the insured and strictly against the insurer." Stewart v. State Farm Mut. Auto Ins. Co., 341 S.C. 143, 151, 533 S.E.2d 597, 601 (Ct. App. 2000).
In the instant case, all four Horace Mann policies issued to Dee Dee Mitchell contain identical policy language. The policies extend liability coverage to payment of damages which an insured becomes legally liable to pay because of bodily injury to others caused by or resulting from the ownership, maintenance or use of the covered vehicle. Scott is an "insured" under the policy because he is a relative of Dee Dee.
The policies also extend liability coverage to the use of other cars by an insured. The pertinent language provides as follows: "Bodily Injury and Property Damage Liability coverages extend to the use, by an insured, of . . . a non-owned car while being used with the permission of the owner." (emphasis omitted). The policies further provide that if there is other coverage, the applicable policy will be excess: "If an insured is using a . . . non-owned car, our liability insurance will be excess over other collectible insurance." (emphasis omitted).
The definition of "non-owned car" has been replaced by an amendatory endorsement. As amended, the definition provides as follows:
Non-owned car means a private passenger car . . . not:
1. owned by;
2. registered in the name of; or
3. furnished or available for the regular use of you or your relatives. The use must be within the scope of consent of the owner or person in lawful possession of it.
The policies define "relative" as follows: "Relative means a person related to you by blood, marriage or adoption who lives with you. It includes your unmarried and dependent child who is away at school." (emphasis omitted).
Horace Mann has conceded liability on the liability policy covering the RX-7 and tendered the limits on that policy. The other three policies do not cover the RX-7, but they do cover non-owned vehicles. These policies specifically provide that if there is other coverage on a non-owned vehicle, they provide excess coverage. The heart of the issue is whether the RX-7 was a non-owned vehicle, and that question turns on whether Christopher owned the car
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