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CATAWBA INS. CO. v. SMITH

No. 2996.

336 S.C. 33 (1999)

518 S.E.2d 291

CATAWBA INSURANCE CO., Respondent, v. Betty SMITH, as personal representative of the Estate of Thomas Lee Smith, Jr., Artricia Brown, as personal representative of the Estate of Kelvin Jermain Brown, Linda Prince and Nationwide Insurance Co., Defendants, of whom Betty Smith, as personal representative of the Estate of Thomas Lee Smith, Jr., is Respondent, and of whom Nationwide Mutual Insurance Co., is Appellant.

Court of Appeals of South Carolina.

Decided May 24, 1999.

Attorney(s) appearing for the Case

J.R. Murphy, of Murphy & Grantland, of Columbia, for appellant.

William P. Davis, of Baker, Barwick, Ravenel & Bender, of Columbia; and Charles C. Mayers, of Augusta, GA, for respondents.

CONNOR, Judge:

Catawba Insurance Company sought declaratory judgment concerning whether Kelvin Jermain Brown was a permissive user of an automobile insured by Nationwide when the car was involved in an accident. The trial court submitted the permissive use issue to the jury, who found Kelvin was driving the automobile with permission at the time. Therefore, the trial court held the Nationwide policy provided liability coverage and required Nationwide to reimburse...

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