Wadette Cothran and Chris Cothran, Petitioners v. State Farm Mutual Automobile Insurance Company and Robert Tucker…

Summary

The South Carolina Supreme Court held that § 38‑77‑144 bars an automobile insurer from reducing a policyholder's PIP benefits by the amount of workers' compensation benefits the policyholder received. Accordingly, State Farm's "Coordination" provision, which eliminated PIP payment because the insured had been fully compensated by workers' compensation, was deemed an unlawful setoff and the summary judgment for the Cothrans was reinstated.