[DOWNLOAD] "Niemeyer v. U.S. Fidelity and Guar. Co." by South Carolina Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Niemeyer v. U.S. Fidelity and Guar. Co.
• Author : South Carolina Supreme Court
• Release Date : January 03, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

1 This case involves an alleged tortious interference by United States Fidelity & Guaranty Company, USF & G, appellee, with an insurance contract between the appellant, Dianne Niemeyer and her uninsured/underinsured motorist carrier, American General Fire and Casualty Co. The trial court granted USF & Gs motion to dismiss after finding that Niemeyers petition failed to state a cause of action. We granted certiorari to address two first impression questions: 1) whether under the 1984 Pleading Code, 12 O.S.Supp. 1984 ? 2001 et seq., a plaintiff must specifically plead that a third party tortiously participated in an "unjustified, non-privileged or unexcused interference" with the contract in order to state a cause of action for tortious interference, or if general allegations are sufficient; and 2) whether USF & G had a legal duty to inform American General, the uninsured/underinsured motorist carrier, of its investigation. We find that: 1) the petition stated a claim for tortious interference with contract; and 2) USF & G did not have a legal duty to report its investigative findings to American General.

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