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KEN MOORHEAD OIL CO., INC. v. FEDERATED MUT. INS.

No. 24498.

476 S.E.2d 481 (1996)

KEN MOORHEAD OIL CO., INC., Respondent, v. FEDERATED MUTUAL INSURANCE COMPANY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Supreme Court of South Carolina.

Decided September 23, 1996.

Attorney(s) appearing for the Case

William W. Kehl, Bradford W. Wyche and Gregory J. English, all of Wyche Burgess Freeman & Parham, PA., Greenville, for Appellant.

Michael D. Glenn, Anderson, for Respondent Ken Moorhead Oil Co., Inc.

Jacquelyn S. Dickman, Elizabeth O. Levy and Carlisle Roberts, Jr., Columbia, for Respondent South Carolina Department of Health and Environmental Control.

TOAL, Justice:

Federated Mutual Insurance Company ("Federated") challenges the circuit court's denial of its request for reimbursement from a state-created fund, the Superb Account, of amounts claimed by Federated's insured, Ken Moorhead Oil Co., Inc. ("Moorhead" or "Moorhead Oil"), under pollution liability policies issued in 1988 and 1989. Federated contends that the coordination of benefits clauses in its contracts with Moorhead Oil were a central feature of the...

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