NATIONWIDE MUTUAL INSURANCE COMPANY v. FLEMING

Civ. A. No. 8777.

257 F.Supp. 261 (1966)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. H. C. FLEMING, Jr., et al., Defendants.

United States District Court D. South Carolina, Charleston Division.

August 17, 1966.


Attorney(s) appearing for the Case

Joseph H. McGee, Jr., Moore, Mouzon & McGee, Charleston, S. C., for plaintiff.

J. C. Hare, of Legare & Hare, and Robert A. Patterson, of Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., for various defendants Fleming and one unnamed, insurance carrier and uninsured motorist.

Burnet R. Maybank, of Maybank & Manucy, Charleston, S. C., for various defendants White.


HEMPHILL, District Judge.

Plaintiff seeks definition of its responsibility to indemnify amounts recovered in South Carolina courts arising out of an automobile collision involving defendants. The salient facts are set forth in pre-trial stipulations. Plaintiff assumed defense of the South Carolina court claims against defendant H. C. Fleming, Jr., under a non-waiver agreement.

The defendant, Henry C. Fleming, Jr., was a resident of Sumter, South Carolina,...

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