Summary
affirming on reasoning of the Court of Appeals
Summary of this case from Zurich American Ins. v. Sumter Hotel Gr. Ltd. PartnershipOpinion
24388
Submitted February 20, 1996
Decided March 18, 1996
Appeal from Charleston County; Walter J. Bristow, Jr., Special Circuit Court Judge.
G. Dana Sinkler, of Warren Sinkler, Charleston, for petitioner.
Carl H. Jacobson, of Uricchio, Howe, Krell, Jacobson, Toporek and Theos, P.A., Charleston, for respondent.
Petitioner seeks a writ of certiorari to review the decision of the Court of Appeals in this case. Island of Palms Pest Control Co. v. Monticello Ins. Co., 319 S.C. 12, 459 S.E.2d 318 (Ct.App. 1994). We grant the writ on petitioner's Question I because it involves a novel question, deny the writ as to the remaining questions, dispense with further briefing, and affirm the decision of the Court of Appeals.
In Question I, petitioner challenges the Court of Appeal's holding that petitioner had a duty to defend and indemnify respondent in a third party action because respondent's failure to discover active termite infestation constituted a negligent inspection, and, therefore, any resulting damage to the home was an occurrence within the scope of the comprehensive general liability policy issued by petitioner. We agree with the reasoning and holding of the Court of Appeals on this issue. Accordingly, the decision of the Court of Appeals is
AFFIRMED.