ATTORNEYS LIABILITY PROTECTION SOCIETY, INC. v. LOWE, 2:10-02267. (2012)
Court: District Court, D. South Carolina
Number: infdco20120106b07
Visitors: 6
Filed: Jan. 05, 2012
Latest Update: Jan. 05, 2012
Summary: ORDER DAVID C. NORTON, District Judge. This matter is before the court on plaintiff's and defendants' cross motions for summary judgment. On the issue of coverage, the burden of proof is on the insured to show that a claim falls within the coverage of an insurance contract, Gamble v. Travelers Ins. Co. , 160 S.E.2d 523 , 525 (S.C. 1968), while the insurer bears the burden of establishing exclusions to coverage, Boggs v. Aetna Cas. & Sur. Co. , 252 S.E.2d 565 , 568 (1979). Having thoroughly
Summary: ORDER DAVID C. NORTON, District Judge. This matter is before the court on plaintiff's and defendants' cross motions for summary judgment. On the issue of coverage, the burden of proof is on the insured to show that a claim falls within the coverage of an insurance contract, Gamble v. Travelers Ins. Co. , 160 S.E.2d 523 , 525 (S.C. 1968), while the insurer bears the burden of establishing exclusions to coverage, Boggs v. Aetna Cas. & Sur. Co. , 252 S.E.2d 565 , 568 (1979). Having thoroughly ..
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ORDER
DAVID C. NORTON, District Judge.
This matter is before the court on plaintiff's and defendants' cross motions for summary judgment. On the issue of coverage, the burden of proof is on the insured to show that a claim falls within the coverage of an insurance contract, Gamble v. Travelers Ins. Co., 160 S.E.2d 523, 525 (S.C. 1968), while the insurer bears the burden of establishing exclusions to coverage, Boggs v. Aetna Cas. & Sur. Co., 252 S.E.2d 565, 568 (1979). Having thoroughly considered the parties' written and oral submissions, the court holds that genuine issues of material fact exist, including but not limited to, the significance of the jury's verdict amount. Therefore, the court DENIES all motions for summary judgment.
AND IT IS SO ORDERED.
Source: Leagle
