Hartford Accident & Indemnity Co. v. South Carolina Insurance

Lewis, Justice:

This is an appeal by the plaintiff from an order of the lower court sustaining a demurrer to the complaint for insufficiency of facts to state a cause of action.

Both plaintiff and defendant had in force automobile liability insurance policies which under the particular facts, covered the same insured. Apparently the policy of defendant afforded primary and that of plaintiff excess coverage. This action was brought by plaintiff, the alleged excess insurer, against the defendant, the alleged primary insurer, to recover costs, expenses, interest and attorney’s fees incurred in…