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S.C. FARM BUREAU MUT. INS. CO. v. OATES

No. 3692.

356 S.C. 378 (2003)

588 S.E.2d 643

S.C. FARM BUREAU MUTUAL INSURANCE COMPANY, Respondent, v. Mimi K. OATES, as GAL for Jonathan David Oates, Jr., a minor under the age of 14, Mimi K. Oates, individually, Jonathan D. Oates, Sr., individually, James W. Whitmore, Mary D. Whitmore, Dana Tomlin, individually and d/b/a Tender Loving Care Day Care (TLC) and Angela Dawn Adams, Defendants, of whom Mimi K. Oates, as GAL for Jonathan David Oates, Jr., Mimi K. Oates, Individually, and Jonathan D. Oates, Sr., Individually are the, Appellants.

Court of Appeals of South Carolina.

Decided November 3, 2003.

Attorney(s) appearing for the Case

James W. Tucker, Jr., of Rock Hill, for appellants.

Forrest C. Wilkerson, of Rock Hill, for respondent.

HOWARD, J.:

S.C. Farm Bureau Mutual Insurance Company ("Farm Bureau") brought this declaratory judgment action seeking a declaration that it did not provide coverage and had no duty to defend a pending tort action brought against its insured, Tender Loving Care Day Care ("TLC"), and TLC's owners, Jonathan W. Whitmore, Mary D. Whitmore, and Dana Tomlin. The circuit court ruled the Farm Bureau policy provided no coverage for the underlying claim and Farm Bureau had...

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