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Government Employees Insurance v. Draine

SCCTAPPAugust 11, 2010No. No. 4726Cited 1 time
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Case Details

Judge(s)
Geathers, Konduros, Lockemy
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The South Carolina Court of Appeals affirmed the circuit court's judgment that GEICO was not required to reform Draine's insurance policy to include underinsured motorist coverage when he failed to return a UIM offer form during renewal, because section 38-77-350(E) applies only to new applicants.

What This Ruling Means

# Government Employees Insurance v. Draine - Plain English Summary **What Happened** Draine, a customer of GEICO insurance, did not return a form offering underinsured motorist coverage (protection that helps if you're hit by someone without enough insurance) during his policy renewal. When Draine later wanted this coverage added, GEICO refused. Draine argued the company should be required to add it anyway. **What the Court Decided** The South Carolina Court of Appeals sided with GEICO. The court ruled that state law requires insurance companies to offer this extra coverage only to new customers purchasing policies for the first time. Customers renewing existing policies don't have the same legal protection. Since Draine was renewing, not a new applicant, GEICO didn't have to add the coverage he missed. **Why This Matters for Workers** This ruling shows that timing is critical when dealing with insurance options. If you're offered additional coverage during policy renewal, you need to act promptly—insurance companies have no legal obligation to offer it again later. Workers should carefully review renewal documents and respond to all offers before deadlines.

This summary was generated to explain the ruling in plain English and is not legal advice.

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