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COLLINS HOLDING CORP. v. WAUSAU UNDERWRITERS INS. CO.

No. 26544.

379 S.C. 573 (2008)

666 S.E.2d 897

COLLINS HOLDING CORPORATION, Respondent, v. WAUSAU UNDERWRITERS INSURANCE COMPANY and Marsh USA, Inc., Defendants, of whom Wausau Underwriters Insurance Company is the, Appellant.

Supreme Court of South Carolina.

Decided September 8, 2008.

Rehearing Denied October 9, 2008.

Attorney(s) appearing for the Case

Evans T. Barnette and Susan F. Campbell, both of McCutchen Blanton Johnson & Barnette, of Columbia, for Appellant.

George J. Kefalos, of Charleston, and Richard S. Rosen and Daniel F. Blanchard, III, both of Rosen Rosen & Hagood, of Charleston, for Respondent.

Chief Justice TOAL.

This case is an appeal from a grant of summary judgment in favor of Respondent Collins Holding Corporation ("Collins"), in which the trial court found that Appellant Wausau Underwriters Insurance Company ("Insurance Company") breached its duty to defend Collins. Finding that Insurance Company was not obligated to defend Collins on the underlying claim, we reverse.

FACTUAL/PROCEDURAL BACKGROUND

Collins is an owner, operator, and...

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