Opinion
Civil No. 2:10-02267
01-05-2012
ATTORNEYS LIABILITY PROTECTION SOCIETY, INC., Plaintiff, v. ROBERT J. LOWE, JR., LOWE & ASSOCIATES, P.C., AND TUTTLE DOZER WORKS, INC., Defendants.
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
January 5, 2012
Charleston, South Carolina