Call Anytime. 24/7

Get help now

(888) 612-7001
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please enter a message.
By submitting my information I confirm that I have read the disclaimer below.
*Any information sent to George Sink, P.A. Injury Lawyers through this website may not be secure and is done so on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship between you and George Sink, P.A. Injury Lawyers, nor is it intended to do so.

Case Summary of Nakatsu v. Encompass Indemnity Co.

| Oct 6, 2010

As a personal injury lawyer in South Carolina , I would like to share with you the recent case summary of Nakatsu v. Encompass Indemnity Co. No 4748 (S.C. Ct. App. September 29th, 2010).

Underinsured motorist coverage (UIM) is coverage that you buy for yourself and your loved ones, in case someone else negligently hits you with their car and your injuries exceed the amount of liability coverage the at-fault driver carries. For example, you would probably recover from your underinsured motorist coverage if your injuries were bad enough to cause you to spend several nights in the hospital, but the at-fault driver carried only minimum limits insurance coverage. If your injuries from the car accident are severe enough, in some situations you may even be able to recover from multiple UIM policies, even from cars that had nothing to do with the collision. When you recover from multiple UIM policies, this is called "stacking".

The general rule in South Carolina, prescribed by the statute S.C. Code Ann. section 38-77-160, says that  when you meet the other requirements for stacking, you can "stack" up to the limits of the vehicle involved in the collision. For example, if you carried $25,000 in UIM coverage on the vehicle you were driving in the collision, and your spouse had $50,000 on their vehicle (that was not involved in the collision), you could recover up to $25,000 from your own UIM coverage and only up to $25,000 from your spouse's UIM coverage. Remember that these coverages apply only after the at-fault driver's liability insurance coverage has been exhausted.

In a recent case, the South Carolina Court of Appeals held that an insurance company could not limit this system of stacking as provided in the above statute. Nakatsu v. Encompass Indemnity Co., No. 4748 (S.C. Ct. App. Sept. 29, 2010). An insurance policy is essentially a contract between the insurance company and the insured, and many argue that two parties entering into a contract should be able to choose whatever terms of the contract they wish. However, in certain situations, the court system will not allow parties to enter into a contract that destroys a statutory scheme carefully laid out by the state legislature. The court in this case did exactly that: they declared a provision in the insurance policy invalid because the provision attempted to limit stacking of UIM coverage that is allowed by statute.

Blog Home

Greenville

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.

We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Walterboro

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Florence

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Myrtle Beach

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Moncks Corner

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Orangeburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Columbia

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp

Yelp

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.
Yellow Pages

Yellow Pages

Click on the reviews button located next to business details and start filling out your review.
We’re thankful for having been able to help over 30,000 South Carolinians. If you enjoyed working with us, visit Yellow Pages to tell others what it was like to work with our firm.

Anderson

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.

Spartanburg

Google

Google

Rate our firm and describe your experience, once you are done filling out your review click on publish.

Have a google account or Gmail? Click here and share your experience with George Sink, P.A. Injury Lawyers!
Avvo

Avvo

Rollover stars, fill out your review and let us know if you would recommend Mr. Sink to others.

Avvo is a legal website that helps people find qualified attorneys in their area. You can help others who were once in your shoes by leaving a review for Attorney Sink on Avvo!
Yelp!

Yelp!

Roll over stars, click to rate and leave your review.

Are you a Yelper? George Sink, P.A. Injury Lawyers is on Yelp! Feel free to stop by a leave us a review.