NATIONWIDE MUT. INS. CO. v. SMITH

No. 4295.

376 S.C. 60 (2007)

654 S.E.2d 837

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. James W. SMITH, Jr. and Elizabeth Smith, Respondents.

Court of Appeals of South Carolina.

Filed September 26, 2007.

Rehearing Denied January 16, 2008.

Certiorari Dismissed March 25, 2008.


Attorney(s) appearing for the Case

John Robert Murphy, of Columbia, for Appellant.

Bradley Baker, of Lexington, for Respondents.


HUFF, J.

James W. Smith, Jr. and Elizabeth Smith (the Smiths) were involved in an automobile accident with an uninsured motorist. Nationwide Mutual Insurance Company (Nationwide) brought a declaratory judgment action to determine whether the insurance policy covering the vehicle in which the Smiths were riding was void for lack of an insurable interest. The trial court granted summary judgment in favor of the Smiths. Nationwide appeals.1

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