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STATE FARM FIRE AND CAS. CO. v. BREAZELL

No. 24523.

324 S.C. 228 (1996)

478 S.E.2d 831

STATE FARM FIRE AND CASUALTY COMPANY, Respondent, v. Michael BREAZELL, Janice Breazell, Anna Plunkett, individually and Anna Plunkett as Personal Representative of the Estate of Thomas Plunkett, deceased, and Carol M. Elliott, Special Administrator of the Estate of Thomas Plunkett, deceased, of whom Anna Plunkett and Carol M. Elliott are, Appellants.

Supreme Court of South Carolina.

Decided November 12, 1996.

Rehearing Denied December 19, 1996.

Attorney(s) appearing for the Case

Sally M. Walker, Law Offices of Sally M. Walker, Columbia, for appellants.

Robert M. Cook, II, and Robert A. McKenzie, both of McDonald, McKenzie, Rubin, Miller and Lybrand, Columbia, for respondent.

FINNEY, Chief Justice:

This is a declaratory judgment action to determine coverage under the Breazells' homeowner policy. The trial judge granted respondent's motion for summary judgment. We affirm.

The decedent Thomas Plunkett was placed in the Breazells' home for foster care at around the age of six months and remained with them until his death at around the age of two and half years. Thomas died of suffocation...

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