Insurance – Auto – UIM – No Meaningful Offer – Indemnification – Past Premiums

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In a reformation action, it was determined that an insured would have accepted a meaningful offer of underinsured motorist (UIM) coverage, had the defendant-Agency made such an offer. Since the plaintiff-Carrier would have provided such coverage, Carrier is not entitled to indemnification by Agency for the $300,000 it paid to settle with the insured. However, there is a genuine issue of material fact as to whether Carrier is entitled to recover premiums it would have collected had the insured purchased properly offered UIM coverage in 2001.

We affirm the circuit court’s grant of summary judgment to Agency with respect to Carrier’s claimed damages of $300,000. We remand for a hearing to determine whether Carrier is entitled to recover its premiums lost and attorneys’ fees incurred in defending the reformation action.

NGM Insurance Co. v. Miles Insurance Agency, Inc. (Lawyers Weekly No. 012-015-23, 5 pp.) (Per Curiam) Appealed from Lancaster County Circuit Court (Kristi Curtis, J.) Thomas Frank Doughall and Michal Kalwajtys for appellant; Bernie Ellis for respondent. South Carolina Court of Appeals (unpublished)