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WHITE OAK MANOR, INC. v. LEXINGTON INS. CO.

No. 4863.

394 S.C. 375 (2011)

715 S.E.2d 383

WHITE OAK MANOR, INC. and White Oak Manor-York, Inc., v. LEXINGTON INSURANCE COMPANY, Caronia Corporation, and Certain Underwriters at Lloyd's London, subscribing to Certificate No. UP02US382030, Defendants, of whom Lexington Insurance Company is the Appellant.

Court of Appeals of South Carolina.

Decided August 10, 2011.

Rehearing Denied September 22, 2011.

Attorney(s) appearing for the Case

Peter H. Dworjanyn , Christian Stegmaier , and Amy L. Neuschafer , all of Columbia, for Appellant.

Joshua Matthew Henderson , of Spartanburg, for Respondents.

THOMAS, J.

Respondent White Oak Manor, Inc. (White Oak) owns and operates a nursing home in York County. In 2005, White Oak filed a declaratory judgment action against its insurer, Appellant Lexington Insurance Company (Lexington), to adjudicate the contractual obligations between the two. Lexington did not answer within thirty days and was declared to be in default. The trial court denied Lexington's motion to set aside the entry of default, and Lexington appeals...

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