Supreme Court of South Carolina
Usaa Casualty v. Rafferty
March 29, 2023
Summary
The South Carolina Supreme Court held that state law requires automobile insurers to offer underinsured motorist (UIM) property damage coverage and that such coverage cannot be limited to only the vehicles listed as "covered autos" in a policy. The Court reached this conclusion by interpreting the plain language of S.C. Code §§ 38‑77‑160 and related statutes, emphasizing that "damages" includes property damage and must be offered up to the limits of the insured’s liability coverage. The certified question was therefore answered in the negative.