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EVANS v. AMERICAN HOME ASSUR. CO.

18893

252 S.C. 417 (1969)

166 S.E.2d 811

Virginia N. EVANS, Respondent, v. AMERICAN HOME ASSURANCE COMPANY, Appellant.

Supreme Court of South Carolina.

March 18, 1969.

Attorney(s) appearing for the Case

Messrs. Clifford F. Gaddy, Jr., and Mann, Foster, Johnston & Ashmore, of Greenville, for Appellant.

Messrs. Abrams, Bowen & Townes, of Greenville, for Respondent.

March 18, 1969.

BRAILSFORD, Justice.

Following involvement in an automobile collision with Charles W. Walton, who was driving an automobile rented from Econo Car Rentals of Charleston, Inc., plaintiff recovered judgment against Walton. Plaintiff then sued Econo-Car's liability insurance carrier. The company disclaimed liability upon the ground that Walton had violated the cooperation clause of the policy. The circuit judge, who tried the case without a jury...

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