Grinnell Corp. v. Wood

Justice PLEICONES.

I concur in the majority’s decision to reverse the grant of summary judgment against American Home. As explained in my concurring opinion in Ray v. Austin, 388 S.C. 605, 698 S.E.2d 208 (2010)(Shearouse Adv. Sh. No. 32 at-), it is my opinion that where the insured does not dispute that the insurer made a meaningful offer of underinsured and/or uninsured motorist coverage as required by S.C.Code Ann. § 38-77-160 (2002), any request for reformation of the insurance contract must fail as a matter of law. In my opinion, in a situation such as the one presented here, where the insured’s agent maintains he made a knowing and informed decision to reject additional coverage, there is no need to resort to the Wannamaker4 factors or to determine whether American Home’s form complied with S.C.Code Ann. § 38-77-350 (2002 and Supp.2009). The purpose of requiring a meaningful offer is to protect the insured. See Progressive Cas. Ins. Co. v. Leachman, 362 S.C. 344, 608 S.E.2d 569 (2005). In my view, a declaration by the insured that it made its decision, knowing all of its options, ends the inquiry.

. State Farm Mut. Auto. Ins. Co. v. Wannamaker, 291 S.C. 518, 354 S.E.2d 555 (1987).