Nationwide Mutual Insurance v. Fleming

HEMPHILL, District Judge.

Plaintiff seeks definition of its responsibility to indemnify amounts recovered in South Carolina courts arising out of an automobile collision involving defendants. The salient facts are set forth in pre-trial stipulations. Plaintiff assumed defense of the South Carolina court claims against defendant H. C. Fleming, Jr., under a non-waiver agreement.

The defendant, Henry C. Fleming, Jr., was a resident of Sumter, South Carolina, until in October, 1962, when he moved to Mt. Pleasant, in Charleston County, and there began the operation of a television business. Along…