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BP OIL CO. v. FEDERATED MUT. INS. CO.

No. 2786.

329 S.C. 631 (1998)

496 S.E.2d 35

BP OIL COMPANY, a Division of BP Exploration & Oil, Inc., Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, INC., Respondent, and Wilkerson Fuel Company, Appellant/Respondent.

Court of Appeals of South Carolina.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Ronald G. Tate, Jr., of Gibbes, Gallivan, White & Boyd, Greenville, for appellant.

David A. White and Brian S. McCoy, both of Robinson, Bradshaw & Hinson, Rock Hill, for appellant/respondent.

H. Carlisle Bean, of Bean & Bean, Spartanburg, for respondent.

STILWELL, Judge:

Seeking to recover expenses incurred in defending an underlying tort action, BP Oil Company (BP) filed this suit against its distributor, Wilkerson Fuel Company, Inc. (Wilkerson), and Wilkerson's insurance carrier, Federated Mutual Insurance Company (Federated). BP sought indemnity from Wilkerson arising out of indemnity provisions contained in agreements between the two. BP, an additional insured under a liability policy issued to Wilkerson, also...

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