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COWAN v. ALLSTATE INS. CO.

No. 3555.

351 S.C. 626 (2002)

571 S.E.2d 715

Kevin COWAN & Jimmy Blanding, Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent.

Court of Appeals of South Carolina.

Decided October 7, 2002.

Rehearing Denied November 21, 2002.

Attorney(s) appearing for the Case

Samuel D. Harms, of Greenville, for appellants.

Robert D. Moseley, Jr., of Greenville, for respondent.

STILWELL, J.

Kevin Cowan and Jimmy Blanding (collectively Appellants) brought this declaratory judgment action against Allstate Insurance Company to recover damages awarded by default against Allstate's insured. The circuit court ruled Allstate could assert its insured's failure to comply with the cooperation clause of the insurance policy and deny coverage when it lacked actual knowledge of the lawsuit. We affirm.1

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