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DOWLING v. HOME BUYERS WARRANTY CORP.

23314

303 S.C. 295 (1991)

400 S.E.2d 143

Christopher DOWLING and Flor Maria Dowling, Appellants v. HOME BUYERS WARRANTY CORPORATION, II, a Colorado Corporation, Respondent.

Supreme Court of South Carolina.

Decided January 21, 1991.

Attorney(s) appearing for the Case

J. McCutchen Stuckey, Mt. Pleasant, for appellants.

W. Andrew Gowder, Jr., of Wise and Cole, Charleston, for respondent.

Submitted Nov. 27, 1990.

Decided Jan. 21, 1991.

GREGORY, Chief Justice:

This is an action to recover damages for a bad faith refusal to pay benefits. The trial judge granted respondent summary judgment. We reverse.

Appellants (the Dowlings) purchased a home built by Great Southern Builders of Charleston, Inc. (Builder) for $60,150. At the time of closing, the Dowlings and Builder signed an application to enroll the home in a warranty program...

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