Chief Justice TOAL.
The Court granted Joshua Bell's (Petitioner) petition for a writ of certiorari to review the court of appeals' decision affirming the circuit court's grant of summary judgment in favor of Progressive Direct Insurance Company (Progressive). We affirm.
Petitioner was injured in a car accident on March 31, 2006, while riding as a passenger in a vehicle driven by a co-employee. The liability limits of the at-fault driver were tendered, and there was no underinsured motorist (UIM) coverage on the vehicle in which he was riding. Therefore, Petitioner submitted a claim for UIM benefits under a Progressive insurance policy, issued to Sarah K. Severn, effective from November 4, 2005, until May 4, 2006 (the Policy). At the time of the accident, Petitioner resided with Severn and their child. He described Severn as "his on again off again fiancé."
Both Petitioner's and Severn's names appear on the Declarations Page of the Policy under the heading "Drivers and household residents." (Emphasis removed). Under the heading "Additional information," Severn is listed as the "Named insured."
The Policy generally defines "You" and "Your" to mean:
(Emphasis removed). A "Relative" is defined as "a person residing in the same household as you, and related to you by blood, marriage, or adoption...." (Emphasis removed).
Under Part I, entitled "Liability to Others," the Policy sets forth the following Insuring Agreement:
(Emphasis removed). Part I defines an "insured person" or "insured persons" as, inter alia, "you or a relative with respect to an accident arising out of the ownership, maintenance, or use of a covered vehicle" and "any person with respect to an accident arising out of that person's use of a covered vehicle with the express or implied permission of you or a relative." (Emphasis removed).
Part III of the Policy, which outlines the availability of UIM coverage, states the following:
(Emphasis removed). Part III of the Policy further states that "Insured person" and "insured persons" mean, inter alia, "you or a relative." (Emphasis removed).
Progressive denied UIM coverage to Petitioner under Part III of the Policy. According to the affidavit filed by Progressive's Claims Injury Operations Manager, "[t]he claim was denied because [Petitioner] did not fall within the terms, provisions and conditions of [the Policy] to qualify for benefits under the [UIM] provisions," as Petitioner "was only listed as
On September 24, 2007, Petitioner sought a declaratory judgment that he was entitled to UIM coverage under the Policy and filed complaint averring causes of action for bad faith and failure to pay benefits. Progressive answered and subsequently filed a motion for summary judgment.
The circuit court held a hearing on the summary judgment motion on October 13, 2008. Petitioner argued that he was listed as a driver and household resident on the Declarations Page of the Policy, and Progressive was aware that he and Severn resided together when he signed up for coverage. Petitioner presented the following questions to the circuit court: (1) whether a "household resident" is also a "named insured" under the Policy language; (2) whether the Policy was ambiguous; and (3) whether Petitioner was a "relative" of Severn for purposes of coverage. Finally, Petitioner also argued he was entitled to coverage under the Policy by virtue of the doctrine of reasonable expectations. Progressive argued that because Petitioner was neither the named insured nor related to the named insured by blood or marriage, he could not recover UIM benefits under the Policy. Moreover, Progressive argued that Petitioner was not Severn's common-law husband.
During the hearing, Progressive submitted a deposition transcript to support its motion for summary judgment. In the transcript, Petitioner stated he and Severn were engaged but "hadn't set a date yet." He explained he proposed to Severn when she was pregnant with their son. To the question of whether they had taken any steps to be married, Petitioner responded, "Verbal agreement and a ring.... She's a procrastinator and she didn't — I mean, I didn't think — I mean, the girl supposed [sic] to marry me, she's supposed to be on that, I thought, and so she didn't want to do it so it just progressively got longer." Petitioner stated that they discussed marriage often but Severn never went through with it. In April 2008, well after the accident, Petitioner stated he and Severn ended their engagement, and Petitioner stated he had no intention of entering a relationship with Severn again.
Petitioner stated further that he "called [Progressive] on the phone" because he "had all [Severn's] personal information, my soon-to-be wife," and he "wasn't driving around Myrtle Beach with [his] name not being on her insurance" because he feared he would be arrested for driving without insurance. Petitioner stated,
Petitioner paid all the premiums once he became an additional driver on the Policy. To the question, "Did you have any understanding of what that meant, to be an additional driver on the policy?," Petitioner responded, "No. I need a cigarette. I'm getting irritated." The deposition concluded at that point.
On January 14, 2009, the circuit court entered an order granting Progressive's motion for summary judgment, finding Petitioner was not entitled to UIM coverage under the Policy. First, the court found that Petitioner and Severn were not engaged in a common-law marriage based on Petitioner's deposition testimony that he and Severn were engaged at various times, ended their engagement each time, never decided on a date to be married, were no longer engaged, and Severn resided in Maryland, a state that does not recognize common-law marriage. Second, the circuit court rejected Petitioner's argument that he was a "named insured" under the Policy based on the doctrine of reasonable expectations. Finally, relying on Ex Parte United Services Automobile
The court of appeals affirmed in an unpublished opinion. See Bell v. Progressive Direct Ins. Co., Op. No. 2011-UP-242 (S.C.Ct.App. filed June 23, 2011). The court of appeals held that Petitioner was not an "insured" under the Policy because the Policy explicitly provides for UIM for an "insured person," which it defines as "you or a relative," and Petitioner did not fall within either definition. Id. With respect to Petitioner's argument that the Policy was ambiguous, the court of appeals held that the mere fact that the Policy did not define "household resident" did not in itself render the Policy ambiguous. Id. (citing Ex parte USAA, 365 S.C. at 55, 614 S.E.2d at 654). The court of appeals found that Petitioner and Severn were not engaged in a common-law marriage, as the evidence merely indicated that they were "engaged to be married at some undetermined point in the future" and clearly "did not have a present intent to be married but instead a future intent to be married." Id. Finally, the court of appeals refused to adopt the doctrine of reasonable expectations, citing Allstate Insurance Co. v. Mangum, 299 S.C. 226, 231, 383 S.E.2d 464, 466-67 (Ct.App.1989).
Petitioner filed a petition for a writ of certiorari to review the court of appeals' decision, and this Court granted certiorari.
Summary judgment should be granted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Rule 56(c), SCRCP; Lanham v. Blue Cross & Blue Shield of S.C., Inc., 349 S.C. 356, 361, 563 S.E.2d 331, 333 (2002) ("An appellate court reviews a grant of summary judgment under the same standard applied by the trial court pursuant to Rule 56, SCRCP." (citation omitted)). "Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law" and "should not be granted even when there is no dispute as to evidentiary facts if there is disagreement concerning the conclusion to be drawn from those facts." Lanham, 349 S.C. at 362, 563 S.E.2d at 333 (citations omitted). As in the trial court, "[o]n appeal from an order granting summary judgment, the appellate court will review all ambiguities, conclusions, and inferences arising in
In this case, both parties stipulated in the circuit court that the matters under consideration were matters of law for the court. "A suit for declaratory judgment is neither legal nor equitable, but is determined by the nature of the underlying issue." Felts v. Richland Cnty., 303 S.C. 354, 356, 400 S.E.2d 781, 782 (1991). "When the purpose of the underlying dispute is to determine whether coverage exists under an insurance policy, the action is one at law." Crossmann Cmtys. of N.C., Inc. v. Harleysville Mut. Ins. Co., 395 S.C. 40, 46, 717 S.E.2d 589, 592 (2011) (citation omitted). "In an action at law tried without a jury, the appellate court will not disturb the trial court's findings of fact unless there is no evidence to reasonably support them." Id. at 46-47, 717 S.E.2d at 592 (citation omitted). However, an appellate court may make its own determinations concerning questions of law and need not defer to the trial court's rulings. Id. at 47, 717 S.E.2d at 592.
Petitioner argues that he is entitled to coverage under the Policy because its terms are ambiguous, and as such, must be construed in his favor. See, e.g., Diamond State Ins. Co. v. Homestead Indus., Inc., 318 S.C. 231, 236, 456 S.E.2d 912, 915 (1995) ("Ambiguous or conflicting terms in an insurance policy must be construed liberally in favor of the insured and strictly against the insurer."). Respondent contends that the court of appeals' case, Ex parte USAA, 365 S.C. at 50, 614 S.E.2d at
In that case, the appellant argued that she should be permitted to stack coverage under the policy at issue because she was listed as an "operator" on the declarations page of the policy.
Moreover, the court of appeals held that the policy's failure to define the term "operator" in the policy did not cause ambiguity in the policy because "operator" could be defined "according to the usual understanding of the term's significance to the ordinary person." Ex parte USAA, 365 S.C. at 55, 614 S.E.2d at 654 (quoting Mfrs. & Merchs. Mut. Ins. Co. v. Harvey, 330 S.C. 152, 158, 498 S.E.2d 222, 225 (Ct.App. 1998)). Therefore, because the appellant was listed as an "operator" and not the "named insured" in the policy, the court of appeals denied coverage. Id. at 56, 614 S.E.2d at 655.
Using the same reasoning, we find the Policy's terms were not ambiguous. Despite being listed as a "driver" or "household resident," there is no doubt that Petitioner was not a
In the alterative, Petitioner argues that the Court should extend coverage to Petitioner under the doctrine of reasonable expectations.
We agree with Petitioner and supporting amici that the doctrine of reasonable expectations, in its traditional formulation, identifies a "broader principle underlying the `cogeries of doctrines' comprising the rules of insurance policy interpretation." (quoting Robert E. Keeton, Insurance Law: Basic Text 351 (1971); Robert E. Keeton, Reasonable Expectations in the Second Decade, 12 Forum 275 (1976)).
South Carolina courts have a long history of formalistic interpretation with respect to all contracts and have repeatedly held that the "[i]nsurance policies are subject to general rules of contract construction," and therefore, we "must enforce, not write contracts of insurance and ... must give policy language its plain, ordinary and popular meaning" and "should not torture the meaning of policy language in order to extend or defeat coverage that was never intended by the parties." Gambrell v. Travelers Ins. Cos., 280 S.C. 69, 70, 310 S.E.2d 814, 816 (1983) (citations omitted); see also USAA Prop. & Cas. Ins. Co. v. Clegg, 377 S.C. 643, 655, 661 S.E.2d 791, 797 (2008). Thus, "[w]hen a contract is unambiguous, clear, and explicit, it must be construed according to the terms the parties have used." B.L.G. Enters., Inc. v. First Fin. Ins. Co., 334 S.C. 529, 535, 514 S.E.2d 327, 330 (1999).
Our jurisprudence does not support the creation of a substantive right in reasonable expectations. However, the
Hallowell v. State Farm Mut. Auto. Ins. Co., 443 A.2d 925, 927 (Del.1982) (emphasis added) (citation omitted); see also Clark-Peterson Co., Inc. v. Indep. Ins. Assocs., Ltd., 492 N.W.2d 675, 677 (Iowa 1992) ("But the doctrine does not contemplate the expansion of insurance coverage on a general equitable basis. The doctrine is carefully circumscribed; it can only be invoked where an exclusion `(1) is bizarre or oppressive, (2) eviscerates terms explicitly agreed to, or (3) eliminates the dominant purpose of the transaction.'" (quoting Aid (Mut.) Ins. v. Steffen, 423 N.W.2d 189, 192 (Iowa 1988); Farm Bureau Mut. Ins. Co. v. Sandbulte, 302 N.W.2d 104, 112 (Iowa 1981))). This approach is supported by South Carolina law.
Finally, Petitioner avers that he is a "relative" of Severn for purposes of UIM coverage under the Policy because they were engaged in a common-law marriage.
The existence of a common-law marriage is a question of law. Campbell v. Christian, 235 S.C. 102, 104, 110 S.E.2d 1, 2 (1959). The trial court's findings of fact with respect to this question will be upheld if they are supported by any evidence in the record. Callen v. Callen, 365 S.C. 618, 623, 620 S.E.2d 59, 62 (2005). The party asserting the marriage bears the burden of proving the commonlaw marriage by a preponderance of the evidence. Ex parte Blizzard, 185 S.C. 131, 133, 193 S.E. 633, 634 (1937).
"A common-law marriage is formed when two parties contract to be married." Callen, 365 S.C. at 624, 620 S.E.2d at 62 (citing Johnson v. Johnson, 235 S.C. 542, 550, 112 S.E.2d 647, 651 (1960)). However, "[n]o express contract is necessary;" instead, "the agreement may be inferred from the circumstances." Id. (citations omitted). Therefore,
Id. Moreover, "when the proponent proves that the parties participated in `apparently matrimonial' cohabitation, and that while cohabitating the parties had a reputation in the community
In our view, Petitioner's deposition testimony unequivocally confirms that Petitioner and Severn, while cohabitating and sharing domestic and financial responsibilities, were merely engaged to be married. Thus, the circuit court and court of appeals' finding that no common-law marriage existed between Petitioner and Severn is supported by the evidence.
Because we find no common-law marriage existed, Petitioner does not meet the definition of "relative" in the Policy, which is defined as "a person residing in the same household as you, and related to you by blood, marriage, or adoption."
Based on the foregoing, the court of appeals' decision is
BEATTY, KITTREDGE and HEARN, JJ., concur. PLEICONES, J., concurring in result only.
Bell, Op. No.2011-UP-242 (S.C. Ct.App. filed June 23, 2011) (citations omitted).
Robert H. Jerry, II, Understanding Insurance Law 144-45 (2d ed.1996) (emphasis added) (footnotes omitted); see also Arthur L. Corbin, Corbin on Contracts 2 (Joseph M. Perillo ed., rev. ed.1993) ("[T]he law of contracts attempts the realization of reasonable expectations that have been induced by the making of a promise."); John E. Murray, Jr., Murray on Contracts 671 (3d ed.1990) ("The purpose of contract law is often stated as the fulfillment of those expectations which have been induced by the making of a promise."); Duncan Kennedy, Form & Substance in Private Law Adjudication, 89 Harv. L.Rev. 1685, 1715 (1976) ("The rationale for contract is derivative from that of property. The law creates a property in expectations.").