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NATIONWIDE MUT. INS. CO. v. TATE

No. 2093.

438 S.E.2d 266 (1993)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Richard Arnold TATE, and Unisun Insurance Company, f/k/a American Mutual Fire Insurance Company, Defendants, of whom Unisun Insurance Company, f/k/a American Mutual Fire Insurance Company is Respondent.

Court of Appeals of South Carolina.

Decided December 6, 1993.

Attorney(s) appearing for the Case

Stephen D. Baggett and Roy R. Hemphill, both of Burns, McDonald, Bradford, Patrick & Dean, Greenwood, for appellant.

Theron G. Cochran, of Love, Thornton, Arnold & Thomason, Greenville, for respondent.

HOWELL, Chief Judge:

This is a declaratory judgment action brought by Nationwide Insurance Company to determine whether Unisun Insurance Company had a continuing duty to defend a lawsuit involving one of Unisun's insureds after Unisun had settled the claim and paid its limits of liability under one of its insurance policies. The trial court found that Nationwide had no standing to assert any claim against Unisun on its own behalf or on behalf of Unisun's insured....

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