Legal Opinion
Nationwide Mutual Insurance v. Eagle Windows & Doors, Inc.
Supreme Court of South Carolina
Decided August 22, 2011No. 27030PublishedCited by 1 opinion
1Opinion of the CourtJustice Pleicones
This is an appeal from an order dismissing this contribution suit finding it was barred by a prior bankruptcy order. We reverse.
FACTS
In May 2002, respondent’s predecessor purchased the assets of Eagle & Taylor Company, d/b/a Eagle Windows & Doors, Inc. (Eagle I), from Eagle I’s bankruptcy estate. 1 In 2000, homeowners constructed a residence using defective windows manufactured by Eagle I. In 2006, homeowners settled their construction claims against the appellant contractor.
The contractor and its insurer (appellants) then brought this contribution 2 suit against respondent as successor to…
2Cases cited5 opinions
- In Re Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated, Debtors (Two Cases). United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee Office of the United States Trustee, Parties-In-Interest. United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee United States Trustee, Parties-In-Interest. In Re Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors (Two Cases). Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-Interest. Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-InterestCourt of Appeals for the Fourth Circuit · 1996
- Epstein v. Official Committee of Unsecured CreditorsCourt of Appeals for the Eleventh Circuit · 1995
- Morgan Olson, LLC v. Frederico (In Re Grumman Olson Indus., Inc.)United States Bankruptcy Court, S.D. New York · 2011
- Brown v. American Railway Express Co.Supreme Court of South Carolina · 1924
- Simmons v. Mark Lift Industries, Inc.Supreme Court of South Carolina · 2005
3Cited by1 opinion
- Nationwide Mut. Ins. Co. v. Eagle Window & Door, Inc.Supreme Court of South Carolina · 2018