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HORRY COUNTY v. INSURANCE RESERVE FUND

No. 3301.

344 S.C. 493 (2001)

544 S.E.2d 637

HORRY COUNTY, Respondent, v. The INSURANCE RESERVE FUND, a division of the South Carolina Budget and Control Board, an agency of the State of South Carolina, Appellant.

Court of Appeals of South Carolina.

Decided February 20, 2001.

Rehearing Denied April 23, 2001.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., and S. Elizabeth Brosnan, both of Richardson, Plowden, Carpenter & Robinson, of Columbia, for appellant.

G. Michael Smith, Phil Thompson and M. Mark McAdam, all of The Thompson Law Firm, of Conway, for respondent.

CURETON, Judge.

In this declaratory judgment action, the special referee found the Insurance Reserve Fund (the Fund) was contractually obligated, under the terms of a Tort Liability Insurance Policy, to indemnify Horry County for damage caused to neighboring property by a county-operated coquina mine.1 The Fund appeals. We affirm.

FACTS/PROCEDURAL BACKGROUND

From 1984 until 1991, Horry County operated a coquina mine near...

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