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L-J, INC. v. BITUMINOUS FIRE AND MARINE

No. 3505.

350 S.C. 549 (2002)

567 S.E.2d 489

L-J, INC., and Eagle Creek Construction Co., Inc., Transcontinental Insurance Company, The Home Indemnity Company and The Maryland Commercial Insurance Group, Plaintiffs, of whom Transcontinental Insurance Company, The Home Indemnity Company and The Maryland Commercial Insurance Group, Respondents, v. BITUMINOUS FIRE AND MARINE INSURANCE COMPANY, Appellant.

Court of Appeals of South Carolina.

Decided June 3, 2002.

Rehearing Denied August 22, 2002.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., Francis M. Mack and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, of Columbia, for appellant.

Sean K. Trundy and I. Keith McCarty, both of Pratt Thomas, Epting & Walker, of Charleston, for respondents.

GOOLSBY, J.

In this declaratory judgment action, Bituminous appeals the circuit court's order that it indemnify Eagle Creek Construction Co., Inc., for a portion of a settlement L-J, Inc., and Eagle Creek reached with Dunes West Joint Venture, a South Carolina General Partnership. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On July 14, 1989, Eagle Creek Construction Co., Inc., a subsidiary of L-J, Inc. contracted with Dunes West Joint Venture to develop...

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