The South Carolina Court of Appeals last week ruled that the state insurance guaranty association's liability to the widow of a trucker for his fatal car accident could not be reduced by the amount of her recoveries from other sources.
South Carolina Code Section 38-31-60 caps the Property and Casualty Insurance Guaranty Association's liability for any claim at $300,000. Because Janette Buchanan recovered $376,622 in damages for the death of her husband, the association had contended it owed her nothing.
However, the court found the $376,622 didn't operate as an offset from the m...
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