Tsalapatas v. Phoenix Insurance

Taylor, Justice.

Plaintiff brought this action in the County Court for Richland County seeking damages in the sum of $640.00 sustained to his boat when it struck an object or objects beneath the surface of Lake Murray while the boat was being moved under its own power from the dock at Ballentine’s Landing where it had undergone certain repairs. Defendant denied liability therefor on the ground that the policy of insurance issued upon the boat provided among other things that the boat in question was warranted “laid up and out of commission from October at noon, until April at noon” and that…