Wilbanks v. Prudential Property & Casualty Insurance

Harwell, Justice:

Prudential Property and Casualty Insurance Company appeals from an order granting summary judgment to South State Insurance Company. The only issue is whether an insurance policy with respondent had been effectively cancelled so that appellant is solely liable for a loss resulting from a fire which damaged the insured’s home. We agree with the trial court that respondent’s policy had been cancelled.

The Wilbanks initiated this suit on January 25, 1979, seeking recovery from either or both insurers. All parties moved for summary judgment; the trial court awarded summary…