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SOUTHEAST RESOURCE RECOVERY v. SC DHEC

No. 25805.

358 S.C. 410 (2004)

595 S.E.2d 472

SUMMIT CONTRACTORS, INC., Petitioner, v. GENERAL HEATING & AIR CONDITIONING, INC., Respondent.

Supreme Court of South Carolina.

Decided April 19, 2004.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, P.A., of Columbia; and William D. Marvin and Steven L. Smith, both of Kessler, Cohen & Roth, P.C., of Philadelphia, PA, for petitioner.

John L. Choate and Allan Levin, both of Cozen O'Connor, of Atlanta, GA, for respondent.

Justice MOORE.

Petitioner (Contractor) brought this action on behalf of its insurer, Crum & Forster (Insurer),1 asserting Insurer's right to be subrogated to Contractor's claim against respondent (Subcontractor) for fire damage to a construction site. Subcontractor asserted as a defense the waiver of subrogation clause found in its contract with Contractor. We granted a writ of certiorari to review the Court of Appeals' unpublished...

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