Dairyland Insurance Company v. White

Filing 27

JUDICIAL DECLARATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by the Honorable R Bryan Harwell on 9/10/2013. (hcic, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Dairyland Insurance Company,

)
)
Plaintiff,
)
)
v.
)
)
Kimberly L. White, Individually and as the )
Personal Representative of the Estate of
)
Sheldon Lee Langston,
)
)
Defendant.
)
____________________________________)

Case No. 4:12-cv-01997-RBH

JUDICIAL DECLARATION
AND ORDER OF DISMISSAL
WITH PREJUDICE

This matter comes before the Court on the joint motion of Plaintiff Dairyland Insurance
Company (“Dairyland” or “Plaintiff”) and Defendant Kimberly L. White, individually and as
Personal Representative of the Estate of Sheldon Lee Langston, (“Defendant” or “White”) for a
judicial declaration, by consent of the parties, that a motorcycle liability insurance policy, Policy
Number 384026890, (the “Policy”) issued to Sheldon Lee Langston by Dairyland includes
underinsured motorist (“UIM”) coverage with limits of $25,000 per person and $50,000 per
accident for the policy period 05/08/2009 to 05/08/2010 as relates only to the 2003 Harley
Davidson motorcycle described in the Policy. Plaintiff and Defendant also jointly move to
dismiss this action with prejudice.
Findings of Fact
Based on the pleadings to this action (ECF 1, 7, and 8) and the allegations in the parties’
joint motion, the Court hereby finds as follows:
1.

Dairyland issued the Policy to Langston providing coverage as set forth therein

for the period from May 8, 2009 to May 8, 2010.

2.

Dairyland asserts that the Policy was purchased personally by Langston through

the Langley Agency in Florence, South Carolina.
3.

According to Kim Suggs, an agent with the Langley Agency at the time, Suggs

supervised the purchase of the Policy by Langston.
4.

Suggs claims that she witnessed Langston personally execute a form rejecting

UIM coverage with respect to the Policy.
5.

On the other hand, Kimberly L. White, who was married to Langston, claims that

she executed the UIM rejection form.
6.

Langston was killed as the result of a motorcycle accident on September 13, 2009,

in Kershaw County, South Carolina, when the motorcycle he was operating collided with a
vehicle being driven by Sammie Johnson, Jr.
7.

Allstate Insurance Company (“Allstate”) insured Johnson and Horace Love, the

owner of the vehicle being driven by Johnson at the time of the accident, under an automobile
liability insurance policy.
8.

On or around March 30, 2012, Allstate paid its policy limits to White in exchange

for a Covenant Not to Execute as to Johnson and Love by White in her individual capacity and in
her capacity as Personal Representative of the Estate of Sheldon Lee Langston.
9.

On May 4, 2012, White, individually, filed an action, designated as Case No.

2012-CP-21-1190, against Johnson in the Court of Common Pleas for Florence County, South
Carolina, alleging Johnson caused the motorcycle accident and seeking to recover for any
damages White suffered individually as a result thereof.
10.

Also on May 4, 2012, White, as Personal Representative of the Estate, filed an

action against Johnson in the Court of Common Pleas for Florence County, South Carolina,

alleging Johnson caused the motorcycle accident and seeking to recover under theories of
wrongful death and survival as a result thereof.
11.

White served both complaints on Dairyland, as a purported UIM carrier under the

12.

Subsequently, Dairyland filed the present action for a judicial declaration of

Policy.

coverage under the Policy.
13.

Since filing this action, Dairyland and White have settled all claims between

them, with Dairyland and the insurance broker who procured the Policy, Gene H. Langley d/b/a
Langley Agency, agreeing to pay Kimberly L. White, as Personal Representative of the Estate of
Sheldon Lee Langston, a sum certain upon approval of the settlement by the Court of Common
Pleas for Florence County, South Carolina, in Case No. 2012-CP-21-1191.
14.

As part of this settlement, the parties also agree to the relief requested in their

joint motion.
Conclusions of Law
1.

Based on the foregoing, and pursuant to 28 U.S.C. §2201, the Court hereby

declares that the Policy issued to Sheldon Lee Langston by Dairyland includes UIM coverage
with limits of $25,000 per person and $50,000 per accident for the policy period 05/08/2009 to
05/08/2010 as relates only to the 2003 Harley Davidson motorcycle described in the Policy.
2.

Based on the consent of the parties, the Court further dismisses this action with

prejudice, with each party to bear its own costs and attorneys’ fees incurred in this action.
s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Dated: September 10, 2013
Florence, South Carolina