Carolina Bank & Trust Co. v. St. Paul Fire & Marine Co.

Cureton, Judge:

This is a tort action for breach of a duty of fairness and good faith arising upon the issuance of a banker’s fidelity bond. The appellant-insured, Carolina Bank and Trust Company, asserts the circuit court erred in sustaining the demurrers of the respondents, The St. Paul Fire and Marine Company and Peoples Insurance Agency of South Carolina, Inc., because the complaint states a cause of action. We reverse in part and affirm in part.

A demurrer should be sustained only if the complaint, viewed in light most favorable to the plaintiff, fails to allege sufficient facts to state a…