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NOISETTE v. ISMAIL

23373

304 S.C. 56 (1991)

403 S.E.2d 122

Lurline NOISETTE, Respondent v. Bassem ISMAIL, B.G. Owens d/b/a Auto Refurbishing, Penn National Insurance Company, Aetna Casualty and Surety Company and Allstate Insurance Company, Defendants, of whom Penn National Insurance Company is, Petitioner, and B.G. Owens d/b/a Auto Refurbishing is, Respondent.

Supreme Court of South Carolina.

Decided April 1, 1991.

Rehearing Denied May 1, 1991.

Attorney(s) appearing for the Case

Stephen E. Darling and Bert G. Utsey, III, Sinkler & Boyd, P.A., Charleston, for petitioner.

Peggy Chandler, Belk, Cobb & Chandler, Charleston, for respondent B.G. Owens d/b/a Auto Refurbishing.

Arnold S. Goodstein and Mary A. Marwick, Goodstein & Goodstein, Summerville, for respondent Lurline Noisette.

Jon Austin, Wise & Cole, P.A., Charleston, for defendant Aetna Cas. and Sur. Co.

David M. Collins, Buist, Moore, Smythe & McGee, Charleston, for defendant Allstate Ins. Co.

Heard Oct. 4, 1990.

Decided Apr. 1, 1991.

Rehearing Denied May 1, 1991.

FINNEY, Justice:

Petitioner Penn National Insurance Company (Penn National) appeals from the Court of Appeals' opinion which affirmed in part, vacated in part, reversed in part and remanded this declaratory judgment action to the circuit court. Noisette v. Ismail, 299 S.C. 243,

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