White Oak Manor, Inc. and White Oak Manor-York, Inc. v. Lexington Insurance Company, Caronia Corporation, And…

Summary

The South Carolina Supreme Court held that a service‑of‑suit clause in an insurance policy does not waive the statutory requirement to serve the insurer by delivering two copies of the summons and complaint to the Director of the Department of Insurance. Accordingly, the court reversed the trial court’s denial of Lexington’s motion to set aside the default judgment, vacated the judgment, and remanded for proper service.