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B.L.G. Enterprises Inc. v. First Financial Insurance Co.3/8/1999
B.L.G. ENTERPRISES v. FIRST FINANCIAL INS. CO., ET AL.
Shearouse Adv. Sh. No. 10 S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Anderson County
Ellis B. Drew, Jr., Master-in-Equity
Heard February 2, 1999
AFFIRMED
We granted a writ of certiorari to review the decision of the Court of Appeals in B.L.G. Enterprises, Inc. v. First Financial Ins. Co., 328 S.C. 374, 491 S.E.2d 695 (Ct App. 1997). We affirm.
FACTS
B.L.G. Enterprises, Inc. d/b/a The Alley Bar (BLG), instituted this declaratory judgment action against Respondent First Financial Insurance Company (First Financial) to determine whether First Financial owed it a duty to defend and indemnify BLG in the underlying tort action brought by Connie K. Smith and Larry James (Conservators) as co-conservators of Tina D. James. Conservators' underlying complaint alleged employees of BLG negligently served Beverly Ann Wetterman alcoholic beverages while she was visibly intoxicated and allowed her to leave the bar and drive a motor vehicle. It is alleged Ms. Wetterman ran a red light and collided with the car being driven by Ms. James, causing Ms. James severe physical and mental injuries.
At the time of the accident, BLG maintained insurance with First Financial. First Financial argued, however, the insurance policy specifically excluded coverage for dram shop liability. Conservators argued 1) an endorsement to the original policy provided dram shop liability coverage or 2) the endorsement created an ambiguity in the policy's coverage and, therefore, the policy is deemed to provide dram shop liability coverage. The master-in-equity ruled in favor of BLG and Conservators. Finding the endorsement did not apply to the dram shop liability exclusion and, hence, did not conflict with the policy, the Court of Appeals reversed. Id. The Court granted Conservators' petition for a writ of certiorari.
ISSUE
Did the Court of Appeals err by holding First Financial had no duty to defend and indemnify BLG in the underlying suit?
DISCUSSION
At the time of the underlying accident, BLG had insurance with First Financial. 'The insurance policy consisted of two coverages: "Owners', Landlords', and Tenants' Liability Insurance" and "Completed Operations and Products Liability Insurance." Both coverages describe BLG's premise - operations as "taverns" and products as "tavern." In relevant part, the "Completed Operations and Products Liability Insurance" provides:
"COVERAGE A - BODILY INJURY LIABILITY
"COVERAGE B - PROPERTY DAMAGE LIABILITY
"The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
"A. bodily injury or
"B. property damage
"to which this insurance applies, caused by an occurrence, if the bodily injury or property damage is included within the completed operations or the products hazard, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, . . . ."
Exclusions
This insurance does not apply:
"(b) to bodily injury or property damage for which the insured may be held liable
"(1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages, or
"(2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed
"(1) by; o
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