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U.S. FIRE INS. CO. v. MACLOSKIE

No. 2422.

465 S.E.2d 759 (1995)

UNITED STATES FIRE INSURANCE COMPANY, Respondent, v. Charles B. MACLOSKIE, Temporary Administrator of the Estate of Morris Middleton, Deceased; and Tamer J. Middleton, Personal Representative of the Estate of Frederick Middleton, Deceased of whom Tamer J. Middleton, Personal Representative of the Estate of Frederick Middleton, Deceased, is Appellant.

Court of Appeals of South Carolina.

Decided November 27, 1995.

Rehearing Denied January 25, 1996.

Attorney(s) appearing for the Case

James H. Moss and H. Fred Kuhn, Jr., both of Moss & Kuhn, Beaufort, for appellant.

Charles E. Hill, of Turner, Padgett, Graham & Laney, Columbia, for respondent.

HOWELL, Chief Judge:

United States Fire Insurance Company (United) filed this declaratory judgment action, which arose out of a tragic one-car accident which killed both occupants. The passenger's estate filed a wrongful death claim against both the driver's estate and his employer. Pending that suit, the employer's liability carrier, United, brought the present action, seeking a judicial determination of: (1) whether the driver was a covered insured under the policy...

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