AMERICAN INSURANCE COMPANY v. DURDEN

Civ. A. No. AC-1494.

249 F.Supp. 750 (1965)

AMERICAN INSURANCE COMPANY, Plaintiff, v. D. B. DURDEN, Jr., John Adams, Watson Wharton, The First National Bank of South Carolina, and South Carolina Insurance Company, Defendants.

United States District Court E. D. South Carolina, Columbia Division.

July 20, 1965.


Attorney(s) appearing for the Case

W. Ray Berry, of Fulmer, Barnes, Berry & Austin, Columbia, S. C., for plaintiff.

William A. Dallis, of Cooper, Gary, Nexsen & Pruet, Columbia, S. C., for defendants D. B. Durden, Jr., Watson Wharton and First National Bank of South Carolina.

Joseph L. Nettles, Columbia, S. C., for defendant South Carolina Ins. Co.


HEMPHILL, District Judge.

Declaratory Judgment action by plaintiff American Insurance Company (hereinafter referred to as "American") pursuant to 28 U.S.C. § 2201 to determine whether it has "primary" or "secondary" coverage for personal injuries and property damage resulting from an automobile accident involving its insured, D. B. Durden, Jr. Plaintiff avers that defendant South Carolina Insurance Company, insurer of the First National Bank of South Carolina...

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