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TWIN CITY FIRE INS. CO. v. BEN ARNOLD-SUNBELT BEVERAGECO. OF S.C., LP

No. C/A 3:01-4769-17.

336 F.Supp.2d 610 (2004)

TWIN CITY FIRE INSURANCE COMPANY, and Hartford Casualty Insurance Company, Plaintiffs, v. BEN ARNOLD-SUNBELT BEVERAGE COMPANY OF SOUTH CAROLINA, LP, Sunbelt Beverage Company, LLC, Harvey Belson, and William Tovell, Defendants.

United States District Court, D. South Carolina, Columbia Division.

July 26, 2004.

Attorney(s) appearing for the Case

Curtis L. Ott, Turner Padget Graham and Laney, Gary S. Parsons, Warren T. Savage, Bailey and Dixon, Columbia, SC, for Plaintiffs.

Eric S. Bland, Eric S. Bland and Associates, William E. Hopkins, Jr., McCutchen Blanton Rhodes and Johnson, Joshua L. Mallin, Dennis T. D'Antonio, Marc T. Wietzke, Weg and Myers, Columbia, SC, for Defendants.

MEMORANDUM OPINION ON MOTIONS FOR FOR SUMMARY JUDGMENT

JOSEPH F. ANDERSON, JR., District Judge.

The pivotal issue presented in this declaratory judgment action is whether an insurance company forfeits its right to control civil litigation when it attempts to defend its insured under a reservation of rights notice. The case comes before the court on cross motions for summary judgment. The plaintiffs, Twin City Fire Insurance Company and Hartford Casualty...

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