480 S.E.2d 739 | S.C. | 1997
Appellant filed a declaratory judgment action against respondent S.C. Farm Bureau to conform several insurance policies to provide underinsured coverage. Respondent answered in defense that the action was barred by the three-year statute of limitations under S.C.Code Ann. § 15-3-530 (Supp.1995) and moved for dismissal. The trial judge granted respondent’s motion to dismiss on the basis that the action was barred by the statute of limitations. We affirm.
Roberta Medlin was seriously injured in an automobile accident on September 23, 1991, and is in a permanent coma. Her husband, who was appointed conservator, brought this action alleging respondent failed to make an adequate offer of underinsured coverage. The complaint was filed on May 22, 1995. Under § 15-3-530(1) the period for commencement of
Appellant contends that because the adverse driver in the automobile accident was killed and the conservator is pursuing a separate claim against the driver’s estate, the period of limitations should be extended. The trial court disagreed and concluded that since this action against respondent is not a claim by a decedent’s estate the tolling statute does not apply. We agree. This is not an action belonging to a decedent. Roberta Medlin is alive although seriously incapacitated. The trial court did not err in dismissing this action based on expiration of the statute of limitations. The order of dismissal is affirmed pursuant to § 15-3-530.
Appellant’s claim that physical disability should toll the statute of limitations the same as it would for an insane person
AFFIRMED.
. Pursuant to S.C.Code Ann. § 15-3-40 (Supp.1995).