Twitty v. Key Life Insurance

(concurring and dissenting) :

I concur in the opinion of Mr. Justice Brailsford, but only to the extent that the majority opinion holds that neither the plaintiff nor the defendant was entitled to a summary judgment.

Rule 44 of the Circuit Courts of South Carolina provides that summary judgment shall be rendered forthwith if it be shown “that there is no genuine issue as to any material fact *579and that the moving party is entitled to a judgment as a matter of law”.

The policy provision which brings on the controversy involved in this case reads as follows:

“This policy pays benefits for losses…