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FRITZ-PONTIAC-CADILLAC-BUICK v. GOFORTH

No. 23994.

440 S.E.2d 367 (1994)

FRITZ-PONTIAC-CADILLAC-BUICK, Appellant, v. Larry A. GOFORTH, Respondent, v. AMERICAN MUTUAL FIRE INSUANCE COMPANY and Universal Underwriters Insurance Company, of which American Mutual Fire Insurance Company, is a Respondent, and Universal Underwriters Insurance Company, is an Appellant.

Supreme Court of South Carolina.

Decided January 17, 1994.

Attorney(s) appearing for the Case

Bradford N. Martin and Susan A. Fretwell both of Leatherwood, Walker, Todd, and Mann, Greenville, and Paul A. Dominick and David B. Summer, Jr. both of Nexsen, Pruett, Jacobs, and Pollard, Columbia, for appellant.

Timothy G. Quinn of Quinn, Boyle, and Greenberg and Thomas F. Dougall of Bowers, Orr, and Robertson, Columbia, for respondents.

HARWELL, Chief Justice:

This is a declaratory judgment action. Universal Underwriters Insurance Company (Universal) contends that the trial judge erred in ruling that Larry A. Goforth (Goforth) was an insured under a policy Universal issued to Fritz-Pontiac-Cadillac-Buick's (Fritz). We agree and reverse.

I. Facts

On October 30, 1989, Fritz allowed Goforth to take a Cadillac Allante for an overnight test drive. While driving home, Goforth lost...

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