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THALIA S. v. PROGRESSIVE SELECT INS. CO.

No. 5054.

401 S.C. 395 (2012)

736 S.E.2d 863

THALIA S., a minor under the age of 14 years, through her next friend and natural mother, Mercedes Aminta GROMACKI, Mercedes Aminta Gromacki, as Personal Representative of the Estate of Angelina G., Mercedes Aminta Gromacki, Individually, and Kristopher Gromacki, Individually, Appellants, v. PROGRESSIVE SELECT INSURANCE COMPANY, f/k/a Progressive Auto Pro Insurance Company, Respondent.

Court of Appeals of South Carolina.

Decided November 28, 2012.

Attorney(s) appearing for the Case

Darrell T. Johnson, Jr. , Warren Paul Johnson , and Mills L. Morrison, Jr. , all of Law Office of Darrell Thomas Johnson, Jr., LLC, of Hardeeville, for Appellants.

John Robert Murphy , of Murphy & Grantland, PA, of Columbia, for Respondent.

CURETON, A.J.

In this dispute over insurance coverage, Appellants argue the trial court erred in granting summary judgment to Progressive Select Insurance Company (Progressive) because (1) their insurance policy affords bodily injury liability coverage pursuant to section 56-9-351 of the South Carolina Code (2006) and (2) the trial court's reliance on Newton v. Progressive Northwestern Insurance Company, 347 S.C. 271,

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