Attorneys Liability Protection Society Inc v. Lowe et al

Filing 66

ORDER denying 33 Motion for Summary Judgment and 54 Motion for Summary Judgment. Signed by Chief Judge David C Norton on 1/5/12.(jsch, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ATTORNEYS LIABILITY PROTECTION SOCIETY, INC., ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. ROBERT J. LOWE, JR., LOWE & ASSOCIATES, P.C., AND TUTTLE DOZER WORKS, INC., Defendants. Civil No. 2:10-02267 ORDER This matter is before the court on plaintiff’s and defendants’ cross motions for summary judgment. On the issue of coverage, the burden of proof is on the insured to show that a claim falls within the coverage of an insurance contract, Gamble v. Travelers Ins. Co., 160 S.E.2d 523, 525 (S.C. 1968), while the insurer bears the burden of establishing exclusions to coverage, Boggs v. Aetna Cas. & Sur. Co., 252 S.E.2d 565, 568 (1979). Having thoroughly considered the parties’ written and oral submissions, the court holds that genuine issues of material fact exist, including but not limited to, the significance of the jury’s verdict amount. Therefore, the court DENIES all motions for summary judgment. AND IT IS SO ORDERED. ________________________________________ DAVID C. NORTON UNITED STATES DISTRICT JUDGE 1 January 5, 2012 Charleston, South Carolina   2

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