Falkosky v. Allstate Insurance Company, 23976

23976 | S.C. | Dec 20, 1993

439 S.E.2d 836" date_filed="1994-01-06" court="S.C." case_name="Lazerson v. Hilton Head Hospital, Inc.">439 S.E.2d 836 (1993)

Ronald W. FALKOSKY, Mary Falkosky, and Scott Falkosky, Petitioners,
v.
ALLSTATE INSURANCE COMPANY, Respondent,
v.
Martha G. BEST, Burrell G. Best, and Grace Retail Corporation, Petitioners.

No. 23976.

Supreme Court of South Carolina.

Submitted December 3, 1993. Decided December 20, 1993.

Michael A. Pulliam, for petitioner Grace Retail Corp.; George R. McElveen, III, for petitioners Falkosky; and Ronald E. Alexander, for petitioners Best, all of Columbia.

Edward W. Laney, IV, Columbia, for respondent.

ON WRIT OF CERTIORARI

PER CURIAM:

Petitioners seek a writ of certiorari to review the Court of Appeals' decision in Falkosky v. Allstate Insurance Company, ___ S.C. ___, 429 S.E.2d 194" date_filed="1993-04-05" court="S.C. Ct. App." case_name="Falkosky v. Allstate Insurance">429 S.E.2d 194 (Ct.App.1993). We grant the writ as to Question I, deny the writ as to Question II, dispense with further briefing and affirm as modified.

This case involves the construction of an exclusion in a homeowner's insurance policy. In reaching its conclusion that the exclusion prevents coverage in this case, the Court of Appeals relied on the standard established in McPherson v. Michigan Mutual Ins. Co., 306 S.C. 456" date_filed="1991-12-02" court="S.C. Ct. App." case_name="McPherson Ex Rel. McPherson v. Michigan Mutual Insurance">306 S.C. 456, 412 S.E.2d 445 (Ct.App.1991). This was error since this Court specifically rejected this standard in McPherson v. Michigan Mutual Ins. Co., ___ S.C. ___, 426 S.E.2d 770" date_filed="1993-02-01" court="S.C." case_name="McPherson Ex Rel. McPherson v. Michigan Mutual Insurance">426 S.E.2d 770 (1993).

However, even if the correct standard is applied, the exclusion prevents coverage in this case. Accordingly, the opinion of the Court of Appeals is

AFFIRMED AS MODIFIED.