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USAA PROPERTY AND CAS. INS. CO. v. CLEGG

No. 26476.

377 S.C. 643 (2008)

661 S.E.2d 791

USAA PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant/Respondent, v. Deborah J. CLEGG, as Personal Representative of the Estate of Allison T. Clegg; Elliot M. Lambrecht; and Douglas A. Lambrecht, Defendants of whom Douglas A. Lambrecht is Respondent/Appellant.

Supreme Court of South Carolina.

Decided April 28, 2008.

Rehearing Denied June 11, 2008.

Attorney(s) appearing for the Case

William O. Sweeny, III and William R. Calhoun, Jr., both of Sweeny, Wingate & Barrow, of Columbia, for Appellant-Respondent.

John E. North, Jr. and Pamela K. Black, both of North & Black, of Beaufort, for Respondent-Appellant.

Justice BEATTY.

In this declaratory judgment action, USAA Property and Casualty Insurance Company ("USAA"), appeals the circuit court's order granting partial summary judgment in favor of Douglas A. Lambrecht on his claim that USAA had a duty to defend him against a wrongful death and survival action arising out of an accident caused by his non-resident, emancipated son while driving a "non-owned" automobile. Lambrecht, in a cross-appeal, contends this Court is without...

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