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Padgett v. South Carolina Insurance Reserve Fund5/22/2000
r official duties. (Emphasis in original.)
Under this definition, Wilson only qualifies for coverage when his actions are in the "scope of his official duties." Under the South Carolina Tort Claims Act, a government employee acts "within the scope of his official duty" when the employee is (1) "acting in and about the official business of the government entity," and (2) "performing official duties." S.C. Code Ann. § 15-78-30(i) (1977 & Supp.1999).
What is within the scope of employment may be determined by implication from the circumstances of the case. One factor is whether the employee was acting in furtherance of the employer 's business when the accident happened. . . . An act falls within the scope of the servant's employment if it was reasonably necessary to accomplish the purpose of the servant's employment, and it was done in furtherance of the master's business. Wade v. Berkeley County, 330 S.C. 311, 319, 498 S.E.2d 684, 688 (Ct. App. 1998) (citations omitted).
Wilson's actions in this case were not within the scope of his official duties. Cf. Loadholt v. South Carolina Budget & Control Bd., Op. No. 3116 (Shearhouse Adv. Sh. No. 6 at 1) (S.C. Ct. App. filed Feb. 14, 2000) (sexual misconduct of sheriff with department employees, after summoning employees into his office under pretext of discussing jail or departmental business, outside scope of official duties and not covered by IRF policy); Doe v. South Carolina Budget & Control Bd., 329 S.C. 214, 494 S.E.2d 469 (Ct. App. 1997), aff'd 337 S.C. 294, 523 S.E.2d 457 (1999) (police officer who stopped female motorists on suspicion of DUI and gave them the option of being arrested or providing sexual favors acted outside scope of official duties). Wilson was not providing instruction, acting in his capacity as a faculty member, or furthering Padgett's education. In fact, Padgett was not even a student of Wilson's, nor did she know who he was until after the incident.
Padgett argues Wilson's scope of official duties should be construed broadly due to the relationship between students and professors. She maintains professors are intimately involved in the lives of the students, acting as counselors, advisors, and consolers. She further opines that Wilson's mingling with students in the lobby was within the scope of his duties, since professors must maintain working relationships with students. Even under this broad scope of duties, Wilson's actions against Padgett were outside the scope of his official duties. See Doe, 329 S.C. at 220, 494 S.E.2d at 472 (citing South Carolina Med. Malpractice Liab. Ins. Joint Underwriting Ass'n v. Ferry, 291 S.C. 460, 463, 354 S.E.2d 378, 381 (1987)) (stating the scope of an employee 's duties does not include all forms of conduct engaged in by members of the employee's profession).
Ambiguity in Insurance Contract
Padgett next argues the contract contains ambiguities which should be construed in favor of providing coverage for Wilson's acts. "A contract is ambiguous only when it may fairly and reasonably be understood in more ways than one. Where the language of a contract is plain and capable of legal construction, that language alone determines the instrument's force and effect." Jordan v. Security Group, Inc., 311 S.C. 227, 230, 428 S.E.2d 705, 707 (1993) (citations omitted).
The alleged ambiguity arises when the policy's definition of personal injury is compared with the definition of persons insured. The policy defines personal injury to include injury arising out of "discrimination on the basis of race, sex, age, religion or handicap." Wilson argues the policy's coverage of discrimination is inconsistent with the definition of
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