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DIXON v. NATIONWIDE MUTUAL INSURANCE COMPANY

22099

281 S.C. 452 (1984)

316 S.E.2d 376

Wesley E. DIXON, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Nationwide Life Insurance Company, Nationwide General Insurance Company, and Nationwide Property and Casualty Company, Defendants.

Supreme Court of South Carolina.

Decided May 10, 1984.

Attorney(s) appearing for the Case

David M. Ratchford and Charles F. Cooper, II, of Ratchford & Cooper, Columbia, and Don S. Rushing, of Thomas, Rushing, Goldsmith & Folks, Lancaster, and Benjamin A. Johnson, of Roddey, Carpenter & White, P.A., Rock Hill, for plaintiff.

R. Bruce Shaw, Thornwell F. Sowell, III, and Joel H. Smith, of Nelson, Mullins, Grier & Scarborough, Columbia, for defendants.

Darra Williamson Cothran and Paul J. Kamber, of Leventis, Ormand & Kamber, Columbia, for State Farm Mutual Automobile Insurance Company and Allstate Insurance Company, amicus curiae.

Heard January 7, 1984.

Decided May 10, 1984.

LEWIS, Chief Justice:

The question certified in this case by the United States District Court seeks a decision as to the prospective application of the private enforcement provision of Section 38-37-940(2).

We held in G-H Insurance Agency, Inc. v. Travelers Insurance Company, 270 S.C. 147, 241 S.E.2d 534, that a private cause...

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