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WHITE OAK MANOR, INC. v. LEXINGTON INS.

No. 27351.

407 S.C. 1 (2014)

753 S.E.2d 537

WHITE OAK MANOR, INC. and White Oak Manor — York, Inc., Petitioners, 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, Respondent.

Supreme Court of South Carolina.

Decided January 15, 2014.

Attorney(s) appearing for the Case

Matthew A. Henderson and Joshua M. Henderson , both of Henderson, Brandt & Vieth, PA, of Spartanburg, for Petitioners.

Peter H. Dworjanyn and Christian Stegmaier , both of Columbia, Amy Lynn Neuschafer , of Murrells Inlet , all of Collins & Lacy, PC, for Respondent.

Justice HEARN.

This case requires us to determine the validity of a service-of-suit clause in an insurance policy in light of Section 15-9-270 of the South Carolina Code (2005) which provides for service of process on an insurer through the Director of the Department of Insurance. The circuit court upheld the service-of-suit clause and refused to relieve the insurer from default judgment. The court of appeals reversed, holding

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