Pasty Chapman, the respondent herein, on May 1, 1970, was riding as a passenger in an automobile operated by one Earl McCoy, he being at the time, an uninsured motorist. She alleged that she sustained personal injuries caused by accident and arising out of the ownership, maintenance and use of the uninsured automobile. Earl McCoy died subsequent to. the accident from a totally unrelated cause, and a default judgment was entered against his estate and in favor of the respondent.
The present action was instituted by the respondent against Allstate Insurance Company, the appellant herein, to recover the amount of the default judgment obtained against the estate of Earl McCoy, under the uninsured motorist endorsement of a policy of automobile liability insurance issued to her father, she being, at the time, a member of his household. The appellant denies that the respondent was injured as the result of an accident arising out of the use of an uninsured motor vehicle or that its policy afforded coverage to her.
This action is one at law and was, by agreement of the parties, tried before the Honorable Clarence E. Singletary, presiding judge, without a jury, on a stipulation of facts. We have held that where a law case is tried by a judge without a jury, his findings of fact have the force and effect of a jury verdict upon the issues, and are conclusive upon appeal when supported by competent evidence.
Beheler v. National Grange Mut. Ins. Co.,
252
We are convinced that the order of the trial judge, as reported herewith, correctly disposes of the issues raised by the appellant. The exceptions of the appellant are overruled and the judgment below is,
Affirmed.
ORDER OF JUDGE SINGLETARY
This action arises out of an incident which occurred in May of 1970. It was instituted by the Plaintiff in an effort to recover from the Defendant the amount of a default judgment obtained against the estate of Earl McCoy, an uninsured motorist. It is before this Court on an agreed statement of fact and was argued orally on March 4, 1974.
The Plaintiff brought an action against the estate of Earl McCoy, Mr. McCoy having died subsequent to this incident from totally unrelated causes, and a default judgment was entered against his estate. This action was then instituted against Allstate Insurance Company to recover the amount of the default judgment obtained against the estate of Earl McCoy, under the uninsured motorist endorsement to a policy of automobile liability insurance issued to Plaintiff’s father.
According to the facts submitted to this Court, on the afternoon of May 1, 1970, the Plaintiff was in an establishment known as the Rock Quarry when she was invited by one Earl McCoy to accompany him and another young lady to Liberty, South Carolina. The Plaintiff accepted the invitation and rode with Earl McCoy and this unidentified young lady to Liberty where the young lady departed. The Plaintiff was then invited by Mr. McCoy to accompany him to Easley, South Carolina where he was to pick up his pay
At this point, the parties are unable to agree on the facts. Plaintiff testified under oath, in the action against McCoy, that McCoy began pushing her around and the door came open and she fell from the moving car. Another version of the events is set out in a statement taken from Plaintiff by Defendant’s adjustor. In her statement she says McCoy hit her in the face with his fist and knocked her unconscious, and she woke up in a hospital suffering from severe personal injuries. Her statement to the adjustor includes hearsay statements that her parents were told by McCoy and Pickens County deputies that she jumped from the car and had scratches on her back. At the trial she testified that her injuries consisted of a brain concussion, an eye injury which required surgery, stitches in her head, injuries to her left ear resulting in the loss of hearing in the ear, and bruises and scratches all over her body.
After considering the disputed facts recited in the foregoing paragraph, the Court concludes the only reasonable
The uninsured motorist endorsement to, the motor vehicle liability insurance policy in issue provides that the Defendant insurer will:
“Pay all sums which the insured or his legal representative shall be entitled to recover as damages from the owner or operator because o,f bodily injury . . . sustained by the insured caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile.”
The issues presented to this Court for resolution are:
“1. Was the injury to the Plaintiff ‘caused by accident’?
“2. Did the injury to the Plaintiff arise out of the ownership, maintenance or use of an uninsured automobile?”
Each of these questions must be resolved in favor of the Plaintiff. Viewed from the Plaintiff’s standpoint, her injuries were caused by accident. While no cases in South Carolina involving automobiles has come to the attention of the cqurt, consider
Page v. North Carolina Mutual Life Insurance Company,
207 S. C. 277,
Having concluded the injury to the Plaintiff was caused by accident, as to her unforeseen and not the result of her own misconduct, it is clear the injury arose out of the use of the uninsured automobile. Plaintiff received injuries in
Plaintiff argued additionally that the above quoted uninsured motorist endorsement failed to comply with the requirements of the uninsured provision of the South Carolina law. It is unnecessary to consider this question in view of the favorable resolution of questions 1 and 2 for the Plaintiff, . . .