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Padgett v. South Carolina Insurance Reserve Fund5/22/2000
"persons insured" because under a restrictive definition of persons insured, discrimination would always be outside the scope of the employee's official duties. She maintains this creates a discrepancy that mandates a broader definition of "persons insured" so as to provide coverage for Wilson's actions. We disagree.
The policy's coverage of discrimination is not inconsistent with its definition of an insured because discrimination may be alleged where an employee has acted within the scope of his or her official duties. For example, if a person charged with making personnel decisions is accused of discriminating in hiring or firing someone, the alleged discrimination falls within the scope of that person's official duties. Additionally, the IRF policy covers the University as a separate entity. The University would be insured against the discrimination committed by its employees. The policy is not ambiguous.
Because Wilson's actions were outside the scope of his official duties and the policy is unambiguous, the decision of the trial court is
AFFIRMED.
CURETON, STILWELL and SHULER, JJ., concur.
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