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HOWELL v. FIDELITY AND GUAR. INS. CO.

No. 26213.

370 S.C. 505 (2006)

636 S.E.2d 626

Timothy Ross HOWELL, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, Defendant.

Supreme Court of South Carolina.

Decided October 16, 2006.

Attorney(s) appearing for the Case

John S. Nichols, of Bluestein & Nichols, L.L.C., of Columbia; and Stuart G. Anderson, Jr., and Robert M. Ariail, Jr., both of Anderson, Fayssoux and Chasteen, P.A., of Greenville, for Plaintiff.

C. Mitchell Brown and William C. Wood, Jr., both of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for Defendant.

Justice BURNETT:

We accepted three questions certified by the United States District Court for South Carolina pursuant to Rule 228, SCACR. The questions involve the applicability of S.C.Code Ann. § 38-77-160 (2002) to an insurance policy providing liability coverage for only hired and non-owned vehicles used in the named insured's business.

FACTUAL/PROCEDURAL BACKGROUND

The facts are drawn from the district court's certification order...

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