Janet KING (Mrs. Sam M. King), Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant, 272 S.C. 259

Summary

The insured's car was involved in an accident and the car was immediately towed to a garage for storage pending repair. The insured contended that the insurer made no effort to settle her claim even though she contacted it repeatedly during the ensuing months. The insured observed that her vehicle had been removed from the storage facility, and notified the insurer requesting explanation and compensation. Upon receiving no satisfaction from the company, the insured filed suit against the insurer. The insurer conceded that it sold the vehicle without the knowledge or consent of the insured, but pled that the sale was made through inadvertence. The court affirmed the trial court's judgment that the insurer's conduct constituted conversion. The court held that the insurer failed to take into account its contractual obligation to restore the car to its pre-collision condition or to pay the actual cash value of the car. The court held that the insurer's conduct manifested the conscious ...