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PENNA. NAT'L MUT. CAS. INS. CO. v. PARKER

0241

282 S.C. 546 (1984)

320 S.E.2d 458

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Respondent, v. George E. PARKER, Co-Administrator of the Estate of Dorothy L. Parker, Deceased; Gayle P. Scruggs, Co-Administrator of the Estate of Dorothy L. Parker, deceased; Felicia Dawn Parker, a minor under the age of 14 years, by and through her Guardian ad Litem, George E. Parker, James Edward Montgomery, Julius Montgomery, Robert D. Gantenbein, State Farm Mutual Auto Insurance Company, Firemen's Insurance Company of Newark, and South Carolina Insurance Company, Defendants, of whom James Edward Montgomery and Firemen's Insurance Company of Newark, George E. Parker, Gayle P. Scruggs and Felicia Dawn Parker, by and through her Guardian ad Litem, George E. Parker, are Appellants. Appeal of James Edward MONTGOMERY.

Court of Appeals of South Carolina.

Decided August 28, 1984.

Attorney(s) appearing for the Case

Gary E. Clary, of Hall, Daniel, Winter & Clary, Gaffney, Theron G. Cochran and David L. Moore, Jr., Love, Thornton, Arnold & Thomason, Greenville, for appellants.

James W. Hudgens and Michael Wilkes, Ward, Howell, Barnes, Long, Hudgens & Adams, Spartanburg, for respondent.

Heard April 16, 1984.

Decided Aug. 28, 1984.

CURETON, Judge:

The Respondent, Pennsylvania National Mutual Casualty Insurance Company, instituted this declaratory judgment action to determine its potential liability to the appellant, James Montgomery, on an automobile insurance policy issued to Julius Montgomery, its insured. Based on a "business use" limitation in the policy, the trial court concluded that...

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