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LUNDY v. LITITZ MUTUAL INS. CO.

17347

232 S.C. 1 (1957)

100 S.E.2d 544

LUTHER D. LUNDY, Respondent, v. LITITZ MUTUAL INSURANCE COMPANY, INC., and A.B. WHITE, Defendants, of whom the former is, Appellant.

Supreme Court of South Carolina.

November 12, 1957.

Attorney(s) appearing for the Case

Messrs. Paulling & James, of Darlington, for Appellant.

Walker E. Anderson, Esq., of Hartsville, for Respondent.

Messrs. Paulling & James, of Darlington, for Appellant, in Reply.

November 12, 1957.

OXNER, Justice.

This is a suit on a policy insuring respondent's dwelling against fire for a term of one year beginning February 10, 1955. The agent writing the policy, A.B. White, was joined as a co-defendant. The house was destroyed by fire on January 27, 1956. The defense was that the policy was cancelled on August 5, 1955, and the unearned premium remitted to and accepted by the insured. The trial resulted in a verdict for respondent...

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