WILLIAM M. BIRD & CO. v. WHITMIRE

23549

306 S.C. 558 (1992)

413 S.E.2d 804

WILLIAM M. BIRD & COMPANY, INC., Respondent v. Copeland WHITMIRE d/b/a Whitmire Cabinet Shop, RPR & Associates, Inc. and CNA Insurance Company, of whom RPR & Associates, Inc. and CNA Insurance are Appellants. Appeal of RPR & ASSOCIATES, INC. and CNA Insurance.

Supreme Court of South Carolina.

Decided January 6, 1992.


Attorney(s) appearing for the Case

Arthur K. Aiken and Joel W. Collins, Jr., both of Collins & Lacy, Columbia, for appellants.

Steven L. Smith, of Smith & Collins, Charleston, for respondent.


Heard October 31, 1991.

Decided January 6, 1992.

TOAL, Justice:

The trial court granted William M. Bird & Company's ("Bird") motion for summary judgment. The sole issue we address on appeal is whether Bird was within the definition of "claimant" under the construction bond issued by CNA Insurance Company. We hold Bird was not a claimant under the bond. We reverse.

FACTS

RPR & Associates contracted with Keenan/Way Corporation...

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