EPISCOPAL CHURCH IN SOUTH CAROLINA v. CHURCH INS.

No. 20-1143.

997 F.3d 149 (2021)

The EPISCOPAL CHURCH IN SOUTH CAROLINA, Plaintiff-Appellant, v. The CHURCH INSURANCE COMPANY OF VERMONT, Defendant-Appellee, v. Old St. Andrews Episcopal Church, trading as The Vestries and Churchwardens of The Parish of St. Andrews; All Saints Protestant Episcopal Church, Inc., a/k/a All Saints Episcopal Church, Inc.; Episcopal Church of Our Savior; Holy Trinity Episcopal Church, a/k/a Trinity Episcopal Church; Church of the Cross, a/k/a Church of the Cross, Inc. and/or Church of the Cross Declaration of Trust; St. Philips Episcopal Church, a/k/a The Protestant Episcopal Church of The Parish of Saint Philip, in Charleston, in the State of South Carolina; St. John Episcopal Church; St. Bartholomew's Episcopal Church; Church of the Holy Cross, Stateburg, SC, a/k/a The Church of The Holy Cross; The Church of the Good Shepherd, Charleston, SC, a/k/a Church of the Good Shepherd; The Episcopal Church of the Resurrection, Surfside, a/k/a The Church of The Resurrection, a/k/a Epis Ch of the Resurrection; Episcopal Church of the Holy Comforter; St. David Episcopal Church, a/k/a St. David's Church; St Michaels Episcopal Church, a/k/a The Protestant Episcopal Church, The Parish of Saint Michael, in Charleston, in the State of South Carolina and/or St. Michael's Church Declaration of Trust; St. Jude's Church, a/k/a The Vestry and Church Wardens of St. Jude's Church of Walterboro, a/k/a St. Jude's Episcopal Church; Vestry and Church Wardens of the Episcopal Church of the Parish of Christ Church, a/k/a Christ Episcopal Church, a/k/a Christ Church Mt. Pleasant; Episcopal Church of the Redeemer, a/k/a Church of the Redeemer, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 7, 2021.


Attorney(s) appearing for the Case

ARGUED: Thomas S. Tisdale, Jr. , HELLMAN YATES & TISDALE, Charleston, South Carolina, for Appellant. Melinda Sue Kollross , CLAUSEN & MILLER, PC, Chicago, Illinois, for Appellee. ON BRIEF: Jason S. Smith , HELLMAN YATES & TISDALE, Charleston, South Carolina; Kathleen F. Monoc , MONOC LAW LLC, Charleston, South Carolina, for Appellant. Edward K. Pritchard, III , PRITCHARD LAW GROUP LLC, Charleston, South Carolina, for Appellee.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Motz and Judge King joined.


Plaintiff Episcopal Church in South Carolina is embroiled in litigation with its former bishop and his adherents. It filed this action against its own insurer—the Church Insurance Company of Vermont— after discovering that the company had reimbursed its adversaries' defense costs. The district court dismissed the...

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