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AVERILL v. PREFERRED MUTUAL INSURANCE COMPANY

No. 24006.

441 S.E.2d 632 (1994)

Robert AVERILL and Gerri Averill, Respondents, v. PREFERRED MUTUAL INSURANCE COMPANY, and Hover Insurance Agency, Inc., of which Preferred Mutual Insurance Company is, Appellant.

Supreme Court of South Carolina.

Decided February 7, 1994.

Attorney(s) appearing for the Case

John L. Choate and Pamela M. Pearson, of Cozen and O'Connor, Columbia, for appellant.

Brian C. Pitts, of Bowen & Smoot, Hilton Head Island, for respondents.

MOORE, Justice:

Respondents (Homeowners) purchased an insurance policy from appellant (Insurer) that insured against loss caused by fire while their home was being constructed. Before construction was complete, the home was totally destroyed by fire. Homeowners commenced this action for breach of contract when Insurer refused to pay the amount Homeowners claimed they were due under the policy. The trial judge granted Homeowners summary judgment. We affirm.

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