CHARLESTON DRY CLEANERS v. ZURICH AM. INS.

No. 25715.

355 S.C. 614 (2003)

586 S.E.2d 586

CHARLESTON DRY CLEANERS & LAUNDRY, INC., Plaintiff, v. ZURICH AMERICAN INSURANCE CO.; Allstate Insurance Co.; GAB Robins North America, Inc.; and R.S. Townsend, Defendants.

Supreme Court of South Carolina.

Decided September 15, 2003.


Attorney(s) appearing for the Case

Fleet Freeman, of Freeman & Freeman, of Mt. Pleasant, for Plaintiff.

John R. Murphy and Adam J. Neil, of Murphy & Grantland, P.A., of Columbia, for Defendant Zurich American Insurance Company.

Stephen P. Groves, Sr., and Bradish J. Waring, of Nexsen Pruet Jacobs Pollard & Robinson, L.L.P.; and John Hamilton Smith, Sr., of Young, Clement, Rivers & Tisdale, L.L.P., all of Charleston, for Defendants GAB Robins North America, Inc. and R.S. Townsend.

John S. Wilkerson, III, and Sean A. O'Connor, of Turner Padget Graham & Laney, P.A., of Charleston, for Defendant Allstate Insurance Company.

Gray T. Culbreath and Christian Stegmaier, of Collins & Lacy, P.C., of Columbia, for Amicus Curiae South Carolina Defense Trial Attorneys' Association.


Justice WALLER:

We accepted the following questions on certification from the United States District Court for the District of South Carolina:

(1) Can an independent insurance adjuster or an insurance adjusting company be held individually liable to the insured for the negligent or reckless adjustment of a first party insurance claim, where the adjuster is acting as an agent of the adjusting company and both the adjuster and the adjusting company are agents...

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