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ZURICH AMERICAN INS. CO. v. TOLBERT

No. 4382.

378 S.C. 493 (2008)

662 S.E.2d 606

ZURICH AMERICAN INSURANCE COMPANY, Respondent, v. Tony Fitzgerald TOLBERT and Tonesha Tolbert, Appellants.

Court of Appeals of South Carolina.

Decided May 2, 2008.

Rehearing Denied July 7, 2008.

Attorney(s) appearing for the Case

Matthew Christian, of Greenville, for Appellants.

J.R. Murphy and Jeffrey C. Kull, both of Columbia, for Respondent.

HEARN, C.J.

Tony Fitzgerald Tolbert (Tolbert) and Tonesha Tolbert (collectively Appellants) appeal the circuit court's grant of summary judgment to Zurich American Insurance Company in this declaratory judgment action to determine Appellants' entitlement to Underinsured Motorist (UIM) Coverage. We affirm in part, reverse in part, and remand.

FACTS

Tolbert is an employee of BMW Manufacturing in Greer, South Carolina. As a part of a lease program for...

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