Legal Opinion
State Farm Fire & Casualty Co. v. Breazell Ex Rel. Estate of Plunkett
Supreme Court of South Carolina
Decided November 12, 1996No. 24523PublishedCited by 15 opinions
1Opinion of the Court
FINNEY, Chief Justice:
This is a declaratory judgment action to determine coverage under the Breazells’ homeowner policy. The trial judge granted respondent’s motion for summary judgment. We affirm.
The decedent Thomas Plunkett was placed in the Breazells’ home for foster care at around the age of six months and remained with them until his death at around the age of two and half years. Thomas died of suffocation while under the care of the Breazells. Decedent’s natural mother, Anna Plunkett, sued the Breazells for wrongful death.
State Farm defended the Breazells in federal court under a…
2Cases cited3 opinions
- Cafe Associates, Ltd. v. GerngrossSupreme Court of South Carolina · 1991
- Gambrell v. Travelers Ins. CompaniesSupreme Court of South Carolina · 1983
- A.G. Ex Rel. Waite v. Travelers InsuranceCourt of Appeals of Wisconsin · 1983
3Cited by15 opinions
- Allstate Insurance Co. v. FalgoustAlaska Supreme Court · 2007
- MGC Management of Charleston, Inc. v. Kinghorn Insurance AgencyCourt of Appeals of South Carolina · 1999
- Oliva v. Vermont Mutual InsuranceSupreme Court of New Hampshire · 2004
- Risk Management Division of the General Services Department ex rel. Apodaca v. Farmers InsuranceNew Mexico Court of Appeals · 2003
- Hanson Farm Mutual Insurance Co. of South Dakota v. DegenSouth Dakota Supreme Court · 2013
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