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ALLSTATE INS. CO. v. STATE FARM MUT. INS. CO.

19608

260 S.C. 350 (1973)

195 S.E.2d 711

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., of whom State Farm Mutual Automobile Insurance Company is, Defendant-Appellant, and National Grange Mutual Insurance Company et al., are, Respondents.

Supreme Court of South Carolina.

April 5, 1973.

Attorney(s) appearing for the Case

Messrs. Haynsworth, Perry, Bryant, Marion & Johnstone, and Wyche, Burgess, Freeman & Parham, of Greenville, for Appellants.

Messrs. Rainey, Fant, & McKay, and Abrams, Bowen & Townes, of Greenville, for the Respondents.

April 5, 1973.

LITTLEJOHN, Justice:

Mitchell K. Robertson, Jr., was killed in a two-car collision about 10:30 p.m. on September 11, 1971, while driving a Pontiac automobile owned by his wife, Linda Horton Robertson. This action was brought for a declaratory judgment to determine the liability of insurance companies which are parties to this proceeding. The liability hinges on the answer to the one question which the judge submitted to the jury, as follows...

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