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DOE v. S.C. STATE BUDGET AND CONTROL BOARD

No. 2764.

329 S.C. 214 (1997)

494 S.E.2d 469

Jane DOE and Mary Roe, Appellants, v. S.C. STATE BUDGET AND CONTROL BOARD, Office of Insurance Services, Insurance Reserve Fund; Gary Wayne Roberson, in his individual and official capacities; John Short, in his individual and official capacity as Chief of Police; Joe Gebbia, in his individual and official capacities; and the City of Tega Cay, Defendants. Of Whom, S.C. State Budget and Control Board, Office of Insurance Services, Insurance Reserve Fund is Respondent.

Court of Appeals of South Carolina.

Decided December 8, 1997.

Rehearing Denied January 23, 1998.

Attorney(s) appearing for the Case

A. Philip Baity, of Baity & Lang, Fort Mill; Frank Anthony Barton and J. Marvin Mullis, Jr., both of Mullis & Barton, Columbia, for appellants.

Andrew F. Lindemann and William H. Davidson, II, both of Ellis, Lawhorne, Davidson & Sims, Columbia, for respondent.

Herbert Hamilton and Dan Ballou, both of Kennedy, Covington, Lobdell & Hickman, Rock Hill, for the City of Tega Cay; and Isaac McDuffie Stone, Ill, for Gary Wayne Roberson, defendants.

HEARN, Judge:

In this declaratory judgment action, Jane Doe and Mary Roe appeal the special circuit court judge's grant of summary judgment in favor of the Insurance Reserve Fund. Appellants argue the Fund has a duty to defend and indemnify the defendants named in their complaint.1 We affirm.

FACTS

Appellants commenced a federal lawsuit and this declaratory judgment...

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