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ROYAL INS. CO. OF AMERICA v. RELIANCE INS. CO.

No. CIV.A. 8:00-1256-13BG.

140 F.Supp.2d 609 (2001)

ROYAL INSURANCE COMPANY OF AMERICA, as subrogee and assignee of Carolina Material Handling, Inc., Plaintiff, v. RELIANCE INSURANCE COMPANY Defendant.

United States District Court, D. South Carolina, Anderson Division.

April 19, 2001.

Attorney(s) appearing for the Case

Andrew Kenneth Epting, Jr., Charleston, SC, for plaintiff.

Thomas L. Stephenson, Greenville, SC, for defendant.

ORDER

KOSKO, United States Magistrate Judge.

This is a case of first impression in South Carolina. Plaintiff Royal Insurance Company of America (Royal) complains that Defendant Reliance Insurance Company (Reliance) paid its primary insurance policy limits directly to a plaintiff who was suing their mutual insured. Royal maintains that primary insurers owe a continuing duty to excess insurers never to compromise

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