HARTFORD ACC. & INDEM. CO. v. S.C. INS. CO.

18605

249 S.C. 120 (1967)

153 S.E.2d 124

HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellant, v. The SOUTH CAROLINA INSURANCE COMPANY, Respondent.

Supreme Court of South Carolina.

February 14, 1967.


Attorney(s) appearing for the Case

Messrs. Donald v. Richlardson, III, and Whaley & McCutchen, of Columbia, for Appellant.

Joseph L. Nettles, Esq., of Columbia, for Respondent.


February 14, 1967.

LEWIS, Justice:

This is an appeal by the plaintiff from an order of the lower court sustaining a demurrer to the complaint for insufficiency of facts to state a cause of action.

Both plaintiff and defendant had in force automobile liability insurance policies which under the particular facts, covered the same insured. Apparently the policy of defendant afforded primary and that of plaintiff excess coverage. This action was brought...

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