Supreme Court of South Carolina

Stephany A. Connelly v. the Main Street America Group

April 5, 2023

Summary

The court held that the phrase "legally entitled to recover" in the uninsured-motorist statute is unambiguous and requires a claimant to have a viable claim capable of being reduced to judgment after applicable defenses are overcome. Because the Workers' Compensation Act grants tort immunity to a negligent co-employee, Connelly could never obtain a judgment against Trezona and therefore could not recover uninsured-motorist benefits. The court reversed the court of appeals; the opinion contains no separate writings.