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LIBERTY MUT. INS. CO. v. EMP. INS. OF WAUSAU

0361

284 S.C. 234 (1985)

325 S.E.2d 566

LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. EMPLOYERS INSURANCE OF WAUSAU, Sadie Shropshire and Dace W. Jones, Jr., Defendants, of whom Andrew Shropshire, Administrator, of the Estate of Sadie Shropshire, Appellant. Appeal of Andrew SHROPSHIRE.

Court of Appeals of South Carolina.

Decided January 8, 1985.

Attorney(s) appearing for the Case

H. Jackson Gregory, of Gregory & Gregory, Columbia, for appellant.

Forrest C. Wilkerson, of Roddey, Carpenter & White, P.A., Rock Hill, for respondent.

Heard Nov. 19, 1984.

Decided Jan. 8, 1985.

GOOLSBY, Judge:

The appellant Andrew Shropshire, as Administrator for the Estate of Sadie Shropshire, counterclaimed in an action brought by the respondent Liberty Mutual Insurance Company. The counterclaim alleges that Liberty Mutual fradulently prevented the intestate from prevailing on a workers' compensation claim by asserting a sham defense. The trial court sustained Liberty Mutual's demurrer to the counterclaim...

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