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FLAGSTAR CORP. v. ROYAL SURPLUS LINES

No. 2866.

332 S.C. 182 (1998)

503 S.E.2d 497

FLAGSTAR CORPORATION, Flagstar Companies, Inc., Denny's, Inc., and Denny's Holdings, Inc., Respondents, v. ROYAL SURPLUS LINES and Royal Indemnity Company, Appellants.

Court of Appeals of South Carolina.

Decided June 29, 1998.

Rehearing Denied August 20, 1998.

Attorney(s) appearing for the Case

George Trenholm Walker and Andrew K. Epting, both of Pratt-Thomas, Pearce, Epting & Walker, Charleston, for appellants.

George A. Tsougarakis and Norman C. Kleinberg, New York; and Perry D. Boulier, William U. Gunn and William B. Darwin, Jr., all of Holcombe, Bomar, Gunn & Bradford, Spartanburg, for respondents.

CURETON, Judge:

This appeal involves a declaratory judgment action to determine insurance coverage. At issue on appeal is an order granting the respondents' motion for separate trials pursuant to Rule 42(b), SCRCP. We reverse and remand.

BACKGROUND

In July 1993, the respondents (collectively referred to as Flagstar) brought a declaratory judgment action against various insurance companies that provided them primary and excess liability insurance...

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