Legal Opinion

Capital City Insurance v. BP Staff, Inc.

Court of Appeals of South Carolina

Decided February 13, 2009No. 4502PublishedCited by 17 opinions

1Opinion of the CourtPieper, J.

In this case, the trial court dismissed appellant Capital City-Insurance Company’s (Capital City) complaint of five counts of breach of contract against BP Staff, Incorporated (BP Staff) and one count of fraud against Samuel Blanton Phillips, III (Phillips), pursuant to Rules 12(b)(1), 12(b)(6), and 12(b)(8), SCRCP. We reverse the trial court’s order and remand the case for further proceedings.

FACTS/PROCEDURAL HISTORY

Capital City is a workers’ compensation insurance company in Columbia, S.C. BP Staff is an employee leasing company wholly owned by Phillips and based in Greenville, S.C.…

2Cases cited21 opinions

  1. General American Tank Car Corp. v. El Dorado Terminal Co.Supreme Court of the United States · 1940
  2. Carnation Co. v. Pacific Westbound ConferenceSupreme Court of the United States · 1966
  3. Doe v. MarionSupreme Court of South Carolina · 2007
  4. United States v. Michigan National Corp.Supreme Court of the United States · 1974
  5. Catawba Indian Tribe v. StateSupreme Court of South Carolina · 2007

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3Cited by17 opinions

  1. Cricket Cove Ventures, LLC v. GillandCourt of Appeals of South Carolina · 2010
  2. Freemantle v. PrestonSupreme Court of South Carolina · 2012
  3. Deborah Dereede Living Trust dated December 18, 2013 v. KarpCourt of Appeals of South Carolina · 2019
  4. Hammer v. HammerCourt of Appeals of South Carolina · 2012
  5. Baddourah v. BaddourahSupreme Court of South Carolina · 2021

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