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PENNELL v. FOSTER

No. 3075.

338 S.C. 9 (1999)

524 S.E.2d 630

James E. PENNELL, Guardian ad Litem for James E. Pennell, II, Francis T. Owens, Guardian ad Litem for Sunny Leighann Owens, Augusta J. Sitton, Jr., Guardian ad Litem for John Joseph Sitton, and John M. Ross for James Tyler Ross, Respondents, v. Katherine Cole FOSTER, Leasing Associates, Inc., Southern National Bank of North Carolina (Now BB & T), Southern National Leasing Corporation (Wholly owned by Southern National Bank), BB & T Leasing Corporation (f/k/a Southern National Leasing Corporation) BB & T, Pennsylvania National Mutual Casualty Insurance Company, St. Paul Fire & Marine Insurance Company; Selective Insurance Company, Allstate Insurance Company, United Services Auto Association, CNA Insurance Company f/k/a Continental Insurance Company, Defendants, of whom, Pennsylvania National Mutual Casualty Insurance Company is, Primary Appellant, and St. Paul Fire & Marine Insurance Company is, Secondary Appellant, and Katherine Cole Foster, Leasing Associates, Inc., Southern National Bank of North Carolina (Now BB & T), Southern National Leasing Corporation (Wholly owned by Southern National Bank), BB & T Leasing Corporation (f/k/a Southern National Leasing Corporation) BB & T, Selective Insurance Company, Allstate Insurance Company, United Services Auto Association, CNA Insurance Company f/k/a Continental Insurance Company, are, Respondents.

Court of Appeals of South Carolina.

Decided November 22, 1999.

Attorney(s) appearing for the Case

F. Barron Grier, III, and Deborah Harrison Sheffield, both of Grier Law Firm; and Charles E. Carpenter, Donald V. Richardson, Georgia Anna Mitchell and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, all of Columbia, for appellants.

Thomas W. Dunaway, III, of Dunaway & Associates; George L. Sands; Raymond A. Tate, Jr., of Doyle & O'Rourke; and Robert L. Waldrep, Jr., of Waldrep & Stoddard, all of Anderson; and Thomas E. Hite, Jr., of Hite & Pruitt, of Abbeville; and Michael S. Church, of Turner, Padgett, Graham & Laney; and Steven B. Licata, of Husman, Licata & Steele, both of Columbia; and David L. Moore, of Love, Thornton, Arnold & Thomason, of Greenville, for respondents.

HOWARD, Judge:

This declaratory judgment action was brought to determine which of the captioned insurers provides coverage for injuries sustained by passengers in a one car accident. The trial court found both Penn National Mutual Casualty Insurance Company (Penn National) and St. Paul Fire & Marine Insurance Company (St. Paul) to be primary liability carriers, and determined both carriers must defend and indemnify their insureds based on the allegations of negligence...

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