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NATIONWIDE MUT. INS. CO. v. SIMMONDS

No. 23902.

434 S.E.2d 277 (1993)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Stuart M. SIMMONDS, Robert Clay Simmonds, Jennifer Blankenship, Charles Williamson, Diana Williamson, Wendi Dake, Maurice Dake, Jane Dake, Teddy W. Roop, Patsy Roop, Blue Cross/Blue Shield of South Carolina, Inc., Aetna Casualty and Surety Company, and Allstate Insurance Company, Defendants, of whom Stuart Simmonds, Robert Clay Simmonds, and Aetna Casualty and Surety Company are Respondents.

Supreme Court of South Carolina.

Decided July 12, 1993.

Attorney(s) appearing for the Case

Robert C. Brown and Donna M. Seegars, Brown and Woods, Columbia, for appellant.

Michael M. Nunn, of Coleman, Aiken & Chase, Florence, for respondent Aetna Cas. and Sur. Co.

G. Conrad Derrick and Gena Phillips Ervin, Bridges, Orr, McEachin, Derrick & Ervin, and James T. McBratney, Jr., Rogers, McBratney & Josey, Florence, for respondents Stuart M. Simmonds and Robert Clay Simmonds.

CHANDLER, Justice:

The issue in this case is whether an insurer which tenders the policy limits must defend an action against its insured.

We hold that it must.

FACTS

Nationwide Mutual Insurance Company (Nationwide) issued a $100,000 automobile liability policy to Stuart Simmonds (Simmonds). Simmonds' son, Robert Clay Simmonds, a covered insured, was in an automobile accident in which passengers...

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