Nelson v. United Fire Ins. Co. of New York

Ness, Justice:

Respondent, Clifton Nelson, instituted this action against appellant, United Fire Insurance Company of New York, to recover the proceeds of a fire insurance policy. The lower court entered an order granting respondent’s motion for a directed verdict and awarding attorney’s fees to respondent’s counsel as permitted by § 38-9-320, South Carolina Code of Laws (1976). We affirm in part and reverse in part.

Nelson rented his former homeplace to Earnest Green for $40.00 per month until it was destroyed by fire. The house was covered by a fire insurance policy issued in December, 1971,…