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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
ATTORNEYS LIABILITY
PROTECTION SOCIETY, INC.,

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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.

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DAVID C. NORTON
UNITED STATES DISTRICT JUDGE

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January 5, 2012
Charleston, South Carolina

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