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CARROWAY v. JOHNSON

18290

245 S.C. 200 (1965)

139 S.E.2d 908

Bessie CARROWAY, Respondent, v. Elizabeth S. JOHNSON and National Surety Corporation, of whom National Surety Corporation is Appellant.

Supreme Court of South Carolina.

January 12, 1965.

Attorney(s) appearing for the Case

Messrs. McEachin, Townsend & Zeigler, of Florence, for Appellant, National Surety Corporation.

Messrs. James P. Mozingo, III, D. Kenneth Baker and Thomas E. Smith, Jr., all of Darlington, for Respondent.

January 12, 1965.

Taylor, Chief Justice:

Bessie Carroway, plaintiff herein, instituted an action against Elizabeth S. Johnson for injuries arising out of an automobile collision. Said action resulted in judgment for plaintiff in the amount of $5,000.00 actual damages and $1,500.00 punitive damages. Defendant's insurer, National Surety Corporation, Appellant herein, declined to defend her in that action and refused to pay the judgment obtained, relying upon...

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