First National Bank of Denham Springs v. South Carolina Insurance Co.

PONDER, Judge.

Defendant appealed from a summary judgment granted to plaintiff on an insurance draft.

The issue is the propriety of summary judgment.

We reverse.

An adjuster issued a draft to Kevlin Owens in payment of an insurance loss insured by the defendant. It was drawn upon Sei-bels-Bruce Group through The South Carolina National Bank, and provided that “upon acceptance pay to the order of . . . Owens.” Plaintiff paid the proceeds of the draft to Owens. When the draft was presented to the South Carolina National Bank, defendant had stopped payment, after concluding the insurance claim was…