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KELLY v. NATIONWIDE MUTUAL INS. CO.

21834

278 S.C. 488 (1982)

298 S.E.2d 454

Major A. KELLY, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Edward Jack Smith and Edward L. Jennings, Respondents.

Supreme Court of South Carolina.

December 21, 1982.

Attorney(s) appearing for the Case

J. Alex Stanton, IV, of Shand & Stanton, Hartsville, and J. Rutlege Young, Jr., of Young, Clement, Rivers & Tisdale, Charleston, for appellant.

Albert L. James, Jr., and Albert L. James, III, Pauling & James, Darlington, for respondents.

Dec. 21, 1982.

NESS, Justice:

This is an action for breach of an insurance contract and breach of contract accompanied by a fraudulent act brought by the policyholder, appellant Kelly, against the insurer, respondent Nationwide Mutual Insurance Company. Appellant contends trial court erred in granting Nationwide's motion for judgment N.O.V. on the claim for breach of contract accompanied by a fraudulent act. We disagree and affirm.

Appellant purchased...

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