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Kevin Lawrimore v. Progressive Direct Insurance, 4th Cir. (2016)
Kevin Lawrimore v. Progressive Direct Insurance, 4th Cir. (2016)
No. 15-1431
KEVIN LAWRIMORE,
Plaintiff - Appellant,
v.
PROGRESSIVE DIRECT INSURANCE COMPANY,
Defendant Appellee,
and
OLD REPUBLIC INSURANCE COMPANY,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston.
Richard Mark Gergel, District
Judge. (2:14-cv-01275-RMG)
Submitted:
Decided:
January 5, 2016
PER CURIAM:
Kevin
granting
Lawrimore
Progressive
appeals
Direct
the
district
Insurance
courts
Companys
orders
(Progressive)
novo,
viewing
the
facts
and
the
reasonable
inferences
Summary
Lawrimores
Fed.
Civ.
P.
59(e)
motion
for
abuse
of
discretion.
2014).
As the district court exercised diversity jurisdiction over
this action, South Carolina law governs whether Progressive has
a coverage liability for the underlying accident.
Erie R.R. v.
Marine
Contracting
1990).
Terms
liberally
in
insurer.
of
favor
Id.
&
Towing
an
of
Co.,
392
insurance
the
insured
S.E.2d
policy
and
460,
must
461
be
strictly
(S.C.
construed
against
the
Id. at 461-62.
Applying
the
policys
definition
of
auto,
it
is
conformity
clause
has
the
effect
of
replacing
the
law
and
replacing
the
provision
with
the
prevailing
state
Auto. Ins. Co., 562 S.E.2d 676, 678-79 (S.C. Ct. App. 2002)
(relying
replace
on
conformity
voided
statute).
clause
provision
in
with
auto
insurance
coverage
policy
requirement
in
to
state
Howell v.
U.S. Fid. & Guar. Ins. Co., 636 S.E.2d 626, 628 (S.C. 2006).
Thus,
because
coverage
for
non-owned
vehicles
is
entirely
determining
Progressives
coverage
liability
for
the
summary
judgment
and
denying
Lawrimores
Fed.
R.
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED
5