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PROGRESSIVE SPECIALTY INS. CO. v. MURRAY

No. C/A 2:06-CV-00161-DC.

472 F.Supp.2d 732 (2007)

PROGRESSIVE SPECIALTY INSURANCE CO., Plaintiff, v. Abraham MURRAY; Mark A. Gadsden; and Perry Capers, Defendants.

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

January 26, 2007.

Attorney(s) appearing for the Case

Jeffrey C. Kull, John Robert Murphy, Murphy and Grantland, Columbia, SC, for Plaintiff.

Anne L. Peterson-Hutto, Anne L. Peterson-Hutto Law Office, Charleston, SC, for Defendants.

OPINION AND ORDER

NORTON, District Judge.

This matter is before the court on plaintiff's and defendant Perry Capers's cross-motions for summary judgment. Capers was injured while riding as a passenger in a vehicle insured by plaintiff. Plaintiff brought this declaratory judgment action to determine its coverage liability. The parties' motions raise issues of permissive use and uninsured motorist coverage.

I. FACTS

Plaintiff insured...

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