American Insurance Company v. South Carolina Insurance Company

Fourth Circuit

American Insurance Company v. South Carolina Insurance Company

359 F.2d 432, 1966 U.S. App. LEXIS 6606

Court of Appeals for the Fourth Circuit·Decided April 5, 1966·No. 10241·Published

Opinion

PER CURIAM;

The defendant, South Carolina Insurance Company, appeals from a judgment of the district court in a declaratory judgment action in which the court held that it had the primary exposure under its policy endorsement. The- facts are not in dispute. We think the court’s conclusions of law are correct and properly take into consideration the court’s obligation to construe the policy in the light of the public interest in insurance contracts.

The case involves the interpretation of an insurance contract under South Carolina law. Being a diversity action, state law controls and our decision will have limited precedential value. Since the case is one of first impression, we refrain from writing a full opinion in deference to the state court which must establish the controlling law.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM;

The defendant, South Carolina Insurance Company, appeals from a judgment of the district court in a declaratory judgment action in which the court held that it had the primary exposure under its policy endorsement. The- facts are not in dispute. We think the court’s conclusions of law are correct and properly take into consideration the court’s obligation to construe the policy in the light of the public interest in insurance contracts.

The case involves the interpretation of an insurance contract under South Carolina law. Being a diversity action, state law controls and our decision will have limited precedential value. Since the case is one of first impression, we refrain from writing a full opinion in deference to the state court which must establish the controlling law.

Affirmed.

American Insurance Company v. South Carolina Insurance Company, 359 F.2d 432, 1966 U.S. App. LEXIS 6606 (4th Cir. 1966).

Pincite

359 F.2d 432 (American Insurance Company v. South Carolina Insurance Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.