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GEORGE v. EMPIRE FIRE AND MARINE INS. CO.

No. 2906.

336 S.C. 206 (1999)

519 S.E.2d 107

Ernest GEORGE, Personal Representative of the Estate of Kate George, Plaintiff, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, W. Gene Whetsell, Personal Representative of the Estate of Angela Farmer, and John Shields Autos, Inc., Defendants, of Whom John Shields Autos, Inc., is Third-Party Plaintiff, v. Ken Rickel and Williams and Stazzone Insurance Agency, Third-Party Plaintiff. Ernest George, Personal Representative of the Estate of Marvelyn Ernette George, Plaintiff, v. Empire Fire and Marine Insurance Company, W. Gene Whetsell, Personal Representative of the Estate of Angela Farmer, John Shields Autos, Inc., Defendants, Of whom John Shields Autos, Inc., is Third-Party Plaintiff, v. Ken Rickel and Williams and Stazzone Insurance Agency, Third-Party Defendants, of Whom Empire Fire and Marine Insurance Company is Appellant, and Ernest George, Personal Representative of the Estates of Kate George and Marvelyn Ernette George, and W. Gene Whetsell, Personal Representative of the Estate of Angela Farmer, and John Shields Autos, Inc., are Respondents.

Court of Appeals of South Carolina.

Refiled June 10, 1999.

Rehearing Denied September 11, 1999.

Attorney(s) appearing for the Case

Thomas J. Wills and James E. Reeves, both of Barnwell, Whaley, Patterson & Helms, of Charleston, for appellant.

Gaines W. Smith, of Legare, Hare & Smith, of Charleston, for third-party plaintiff.

Perry M. Buckner of Walterboro, and Gedney M. Howe, III of Charleston, for respondent.

Lee R. Moody, of Walterboro, for defendant. Matthew Story, of Clawson & Staubes, of Charleston, for third-party defendants.

ORDER WITHDRAWING AND SUBSTITUTING OPINION

PER CURIAM:

Pursuant to our grant of Appellant's Petition for Rehearing, it is ordered that the opinion heretofore filed, Opinion No. 2906 filed November 23, 1998, be withdrawn and the attached Opinion be substituted.

IT IS SO ORDERED.

CURETON, Judge:

Ernest George (George), as Personal Representative of the Estates of Marvelyn and Kate George, filed this declaratory judgment...

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