Supreme Court of South Carolina

Stephany A. Connelly v. the Main Street America Group

January 11, 2023

Summary

The South Carolina Supreme Court reversed the Court of Appeals, holding that the phrase “legally entitled to recover” in the uninsured‑motorist statute is unambiguous and requires a plaintiff to have secured a judgment against the at‑fault driver. Because the Workers’ Compensation Act grants tort immunity to the co‑employee driver, Connelly can never obtain such a judgment and therefore is not entitled to UM benefits.